[Federal Register Volume 79, Number 95 (Friday, May 16, 2014)]
[Rules and Regulations]
[Pages 28407-28429]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11105]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 79
[Docket ID: DOD-2011-OS-0124]
RIN 0790-AI81
Child Development Programs (CDPs)
AGENCY: Office of the Secretary, Department of Defense (DoD).
ACTION: Interim final rule.
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SUMMARY: This interim final rule updates policy, responsibilities, and
procedures for providing care to minor children birth through age 12
years of individuals who are eligible for care in DoD CDPs to include
center-based care, family child care (FCC), school-age care (SAC),
supplemental child care, and community based care; authorizes the
publication of supporting guidance for the implementation of CDP
policies and responsibilities, including child development training
modules, program aids, and other management tools; and establishes the
DoD Effectiveness Rating and Improvement System (ERIS).
DATES: Effective date: This rule is effective May 16, 2014.
Comment date: Comments must be received by July 15, 2014.
ADDRESSES: You may submit comments, identified by docket number and/or
RIN number and title, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 4800 Mark
Center Drive, 2nd Floor, East Tower, Suite 02G09, Alexandria, VA 22350-
3100.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any
personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Eddy Mentzer, 571-372-0857.
SUPPLEMENTARY INFORMATION:
Justification for Interim Final Rule
This interim final rule provides overarching policy to the Military
Departments in the execution of their roles in providing quality child
development programs that ensure the safety and well-being of children
in the DoD's care. A 2012 Secretary of Defense directed audit of
criminal background check processes for all DoD Child and Youth
Services personnel revealed the need areas for all applicable
directives to be updated to ensure current and accurate policy is
incorporated. The White House and Secretary of Defense directed a
priority review of the management and oversight of child and youth
programs in 2013. The review noted variation in Service-level
approaches to oversight inspections including headquarters-level
comprehensive inspections and installation-level fire, health, and
safety inspections. The report recommended the OSD promulgate guidance
to ensure standardization and clarity. Defense child development
program staff and leadership have committed to the SECDEF and White
House that they are committed to improving the consistency by which
these services are delivered and to ensure the safety and well-being of
children in our care. This interim final rule addresses these
recommendations and creates a stronger environment of standardization
across the services.
This interim final rule identifies the applicability of 32 CFR part
56, ``Nondiscrimination on the Basis of Handicap in Programs and
Activities Assisted or conducted by the Department of Defense'' that
implement section 504 of the Rehabilitation Act for federally conducted
and federally assisted programs as they apply to children and youth
with special needs. This interim final rule expands previous policy by
(1) Requiring procedures for reviewing and making reasonable
accommodation of children with special needs that do not fundamentally
alter the nature of the program; (2) considering the needs of the
child, the disability, and the environment of group care in child
development facilities or home-based care, staffing needs and training
requirements, and resources of the program; and (3) including Child
Development Programs as part of the multi-disciplinary Inclusion Action
Team that supports families of children with special needs.
This interim final rule extends child care benefits to same-sex
spouse of Military Service members. At the direction of the President,
the Department has conducted a careful and deliberative review of
benefits currently provided. The Department has now identified family
member and dependent benefits that we can lawfully provide to same-sex
spouse and their children through changes in DoD policies and
regulations. These benefits shall be extended to same-sex spouse and,
where applicable, children of same-sex spouses.
Executive Summary
I. Purpose of the Regulatory Action
a. This interim final rule proposes to: (a) update policy,
responsibilities, and procedures for providing care to minor children
birth through age 12 years of individuals who are eligible for care in
Department of Defense Child Development Programs (CDP) to include
center-based care, family child care (FCC), school-age care (SAC),
[[Page 28408]]
supplemental child care, and community based care; (b) authorize the
publication of supporting guidance for the implementation of CDP
policies and responsibilities, including child development training
modules, program aids, and other management tools; and (c) establish
the DoD Effectiveness Rating and Improvement System (ERIS).
b. The legal authority for the regulatory action is found in 10
U.S.C. 1783, 1791 through 1800, 2809, and 2812.
II. Summary of the Major Provisions of the Regulatory Action In
Question
a. The rule combines the instructions for DoD's Child Development
Programs and School-Age Care Programs. This will ensure continuity of
operations among programs providing child care services to children
from the ages of birth to 12 years.
b. The rule implements sections 1791 through 1800 of Title 10 of
the United States Code, commonly referred to as the Military Child Care
Act. The updates reiterate the DoD's goal to support the personnel and
mission of DoD by providing child development programs to eligible
patrons and reaffirms the parent/sponsor's shared role in providing for
the cost of child care. The rule affirms and does not alter the
oversight requirements to ensure continued compliance with Federal
mandates and statutory requirements and provides clarifying guidance
related to staff qualifications, training and compensation. No changes
were made to policy related to the early identification and reporting
of alleged child abuse and neglect in DoD CDPs, requirements to meet
national accreditation standards, and funding requirements as directed
in sections 1791 through 1800 of Title 10 U.S.C.
c. The authority to provide supporting guidance for the
implementation of CDP policies and responsibilities, including child
development training modules, program aids, and other management tools
is reaffirmed with no changes.
d. The rule establishes the DoD Effectiveness Rating and
Improvement System (ERIS), for use in assessing facility-based child
care in communities outside of the military installation. The ERIS is
compatible with Thirteen Indicators of Quality Child Care: Research
Update (Fiene, 2002) and many state licensing requirements. This
assessment supports the States' efforts to develop and improve Quality
Rating and Improvement Systems (QRIS) for child care programs and
provides a foundation of research-based indicators of quality. Through
the use of the ERIS recommendations and State QRIS and other quality
improvement efforts, DoD can identify child care providers who meet
quality indicators and may be eligible to receive subsidy payments to
buy down the cost of care for military families.
e. This rule extends benefits to same-sex domestic partners of
Military Service members and DoD civilians, at the direction of the
President and the Secretary of Defense.
III. Costs and Benefits
This rule is intended to support the workforce and mission of the
DoD. Quality child care programs within the DoD reduce the stress of
families who have the primary responsibility for the health, safety and
well-being of their children and help them balance the competing
demands of family life and the DoD mission. CDPs provide access and
referral to available, affordable, quality programs and services that
meet the basic needs of children, from birth through age 12 years, in a
safe, healthy, and nurturing environment.
The DoD Child Care Program is funded through a combination of DoD
funding and user fees charged to parents. The annual user cost is
estimated at approximately $9,636,000 for DoD retirees and contractors.
This total includes 235 retirees (100 in Child Development Centers and
135 in School Age Programs) and 2,174 contractors (1,583 in Child
Development Centers and 591 in School Age Programs). The annual cost is
estimated at $4,000 per child. The user cost varies and is determined
by calculating total family income. Costs for the annual reporting
requirement as estimated to be $24,000 per year (all costs are
attributed to the Military Services). The vast majority of users are
made up of military members. Other user groups are active duty military
and DoD Civilians.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
It has been determined that 32 CFR part 79 is a significant
regulatory action as it does raise novel legal or policy issues arising
out of legal mandates, the President's priorities, or the principles
set forth in these Executive Orders.
However, 32 CFR part 79 does not:
(1) Have an annual effect on the economy of $100 million or more;
(2) Adversely affect in a material way the economy; a section of
the economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities;
(3) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(4) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been certified that 32 CFR part 79 does not contain a
Federal mandate that may result in expenditure by State, local and
tribal governments, in aggregate, or by the private sector, of $100
million or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 United States Code
(U.S.C.) 601)
It has been certified that 32 CFR part 79 is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. Costs are to the users of the child development
facilities. The vast majority of users are made up of military members.
Other user groups are DoD Civilians, retirees and contractors.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
Sections 79.6(c)(2)(i)(A) and 79.6(c)(6) of this interim final rule
contain information collection requirements. DoD has submitted the
following proposal to OMB under the provisions of the Paperwork
Reduction Act (44 U.S.C. Chapter 35). Comments are invited on: (a)
whether the proposed collection of information is necessary for the
proper performance of the functions of DoD, including whether the
information will have practical utility; (b) the accuracy of the
estimate of the burden of the proposed information collection; (c) ways
to enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the information
collection on respondents, including the use of automated collection
techniques or other forms of information technology.
DD FORM 2606
Title: Department of Defense Child Development Program Request for
Care Record.
Type of Request: New.
Number of Respondents: Approximately 2,500 annually.
Responses per Respondent: 1.
Annual Responses: Approximately 2,500.
Average Burden per Response: 10 minutes.
[[Page 28409]]
Annual Burden Hours: 416 hours.
Needs and Uses: To collect applicant information for CDPs and place
applicants on waiting lists for program services. Information compiled
from applicants is also used to assist management determination of
effectiveness of present and projection of future program requirements.
Affected Public: Patrons at DoD CDPs.
Frequency: Once, upon request for care at DoD CDPs and annually
thereafter.
Respondent's Obligation: Disclosure is voluntary; however, failure
to furnish requested information will result in an incomplete request
for care record and possible loss of placement on CDP waiting lists.
DD FORM 2652
Title: Application for Department of Defense Child Care Fees.
Type of Request: New.
Number of Respondents: Approximately 2,500 annually.
Responses per Respondent: 1.
Annual Responses: Approximately 2,500.
Average Burden per Response: 10 minutes.
Annual Burden Hours: 416 hours.
Needs and Uses: A family's child care fee category is determined
based on an initial and subsequent annual verification of total family
income (TFI). Families pay the child care fee assigned to that TFI
category. A family's fees may only be adjusted once per year, with
exceptions listed in paragraph (c)(2)(i)(E) of this section. Total
Family Income is determined utilizing DD Form 2652.
Affected Public: Patrons at DoD CDPs.
Frequency: Once, upon initial enrollment at DoD CDPs and annually
thereafter.
Respondent's Obligation: Disclosure is voluntary; however, failure
to furnish requested information will result in the respondent being
placed in the highest category for CDP fees.
DD FORM X656
Title: Basic Criminal History and Statement of Admission.
Type of Request: New.
Number of Respondents: Approximately 5,000 annually.
Responses per Respondent: 1.
Annual Responses: 5,000.
Average Burden per Response: 10 minutes.
Annual Burden Hours: 832 hours.
Needs and Uses: The form will be used to collect general
information in regards to criminal background checks, prior convictions
for crimes and references, which, by law, are required for child care
workers. Additionally, the form will be used to track statements of
conviction on an annual basis.
Affected Public: Applicants to DoD CDPs.
Frequency: Once, upon initial application and annual
recertification thereafter.
Respondent's Obligation: Required to obtain or retain benefits;
failure to furnish requested information or providing incorrect
information will result in the individual being prevented from working
within a DoD CDP.
OMB Desk Officer:
Written comments and recommendations on the proposed information
collection should be sent to Ms. Jasmeet Seehra at the Office of
Management and Budget, DoD Desk Officer, Room 10102, New Executive
Office Building, Washington, DC 20503, with a copy to Eddy Mentzer at
the Office of the Deputy Assistant Secretary of Defense, Military
Community and Family Policy, Office of Children and Youth, 4800 Mark
Center Drive--Room 3G015, Alexandria, VA 22350. Comments can be
received from 30 to 60 days after the date of this notice, but comments
to OMB will be most useful if received by OMB within 30 days after the
date of this notice.
You may also submit comments, identified by docket number and
title, by the following method:
* Federal eRulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
Instructions: All submissions received must include the agency
name, docket number and title for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
Internet at http://www.regulations.gov as they are received without
change, including any personal identifiers or contact information.
To request more information on this proposed information collection
or to obtain a copy of the proposal and associated collection
instruments, please write to Eddy Mentzer, Office of the Deputy
Assistant Secretary of Defense, Military Community and Family Policy,
Office of Children and Youth, 4800 Mark Center Drive--Room 03G15,
Alexandria, VA 22350. Phone: 571.372.0857.
Executive Order 13132, ``Federalism''
It has been certified that 32 CFR part 79 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of Government.
List of Subjects in 32 CFR Part 79
Child development programs, Child welfare, Infants and children.
Accordingly, 32 CFR part 79 is added to read as follows:
PART 79--CHILD DEVELOPMENT PROGRAMS (CDPs)
Sec.
79.1 Purpose.
79.2 Applicability.
79.3 Definitions.
79.4 Policy.
79.5 Responsibilities.
79.6 Procedures.
Authority: 10 U.S.C. 1783, 1791 through 1800, 2809, and 2812.
Sec. 79.1 Purpose.
This part:
(a) Reissues DoD Instruction (DoDI) 6060.2 in accordance with the
authority in DoD Directive (DoDD) 5124.02, ``Under Secretary of Defense
for Personnel and Readiness (USD(P&R))'' (available at http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf) and DoD Instruction
1342.22, ``Military Family Readiness'' (available at http://www.dtic.mil/whs/directives/corres/pdf/134222p.pdf) and the
requirements of DoDD 1020.1
(b) Updates established policy, assigns responsibilities, and
prescribes procedures for providing care to minor children (birth
through age 12 years) of individuals who are eligible for care in DoD
CDPs. This includes:
(1) Center-based care and community-based care.
(2) Family child care (FCC).
(3) School-age care (SAC).
(4) Supplemental child care.
(c) Cancels DODI 6060.3
(d) Implements 10 United States Code (U.S.C.) 1791 through 1800.
(e) Authorizes the publication of supporting guidance for the
implementation of CDP policies and responsibilities, including child
development training modules, program aids, and other management tools.
(f) Establishes the DoD Effectiveness Rating and Improvement System
(ERIS), in accordance with 10 U.S.C. 1791 through 1800.
Sec. 79.2 Applicability.
This part applies to the Office of the Secretary of Defense, the
Military Departments, the Office of the Chairman of the Joint Chiefs of
Staff and the Joint
[[Page 28410]]
Staff, the Combatant Commands, the Office of the Inspector General of
the Department of Defense, the Defense Agencies, the DoD Field
Activities, and all other organizational entities within the DoD
(hereinafter referred to collectively as the ``DoD Components'').
Sec. 79.3 Definitions.
Unless otherwise noted, these terms and their definitions are for
the purpose of this part.
Accreditation. Verification that a CDP has been assessed by an
appropriate, external national accrediting body and meets the standards
of quality established by that body.
Affiliated family child care (FCC). Home-based child care services
that are provided by licensed individuals in homes located off of the
installation, who agree to comply with the standards outlined in this
part.
Appropriated funds (APF). Funds appropriated by Congress and
received by the U.S. Government as tax dollars.
APF employees. Civilian employees hired by DoD Components with APF.
Includes temporary employees, 18 years or older.
Caregiver. For the purpose of determining priority, a parent or an
individual who performs the functions of a parent.
Caregiving personnel. Civilian employees of a CDP who are directly
involved with the care and supervision of children and are counted in
the staff to child ratios.
Child development program (CDP). Child care services for children
of DoD personnel from birth through 12 years of age.
CDP employee. A civilian employed by the DoD to work in a DoD CDP
(regardless of whether the employee is paid from APF or NAF).
Child(ren). A person under 18 years of age for whom a parent,
guardian, or foster parent, is legally responsible.
Child care fees. NAF derived from fees paid by Military members and
other authorized users of child care services provided at a military
CDC or other DoD-approved facility-based CDP. Also referred to as user
fees or parent fees.
Child care hour. One hour of care provided to one child. If a
provider cares for six children for 10 hours, that is the equivalent of
60 child care hours.
Combat related wounded warrior. A term referring to the entire
population of wounded, ill and injured Service members and veterans who
have incurred a wound, illness, or injury for which the member was
awarded the Purple Heart or whose wound, illness, or injury was
incurred as a direct result of armed conflict or while engaged in
hazardous service or in the performance of duty under conditions
simulating war, or through an instrumentality of war.
Direct care personnel. Staff members whose main responsibility
focuses on providing care to children and youth.
DoD CDP Employee Wage Plan. The wage plan that uses a NAF pay
banding system to provide direct service personnel with rates of pay
substantially equivalent to other employees at the installation with
similar training, seniority, and experience. Pay increases and
promotions are tied to completion of training. Completion of training
is a condition of employment. This wage plan does not apply to CDPs
constructed and operated by contractors under DoDI 1015.15,
``Establishment, Management and Control of Nonappropriated Fund
Instrumentalities and Financial Management of Supporting Resources''
(see http://www.dtic.mil/whs/directives/corres/pdf/101515p.pdf).
DoD Certification to Operate. Certification issued to each DoD CDP
after the program has been inspected by a representative(s) of the DoD
Component or a major command, and found to be in compliance with DoD
standards in Sec. 79.6, paragraphs (a), (c)-(f), (i) and (j).
DoD Child Abuse and Safety Hotline. A hotline (found at DoD's
Military Homefront Web site) required by 10 U.S.C. 1794 that enables
parents and visitors to anonymously report suspected child abuse or
safety violations at a military CDP or home.
Eligible patron. Patrons who qualify for CDP services, to include
active duty Military Service members, DoD civilian employees paid from
APF and NAF, Reserve Component Military Service members on inactive
duty training, combat related wounded warriors, surviving spouses of
military members who died from a combat related incident, eligible
employees of DoD contractors, other Federal employees, and those acting
in loco parentis of the aforementioned eligible patrons.
Eligible employee of a DoD contractor. An employee of a DoD
contractor or subcontractor, or individual under contract or
subcontract to DoD, who requires physical access to DoD facilities at
least two days out of a work week.
Facility-based program. Refers to child care that is provided
within a building, structure, or other improvement to real property.
Does not include FCC homes.
Family child care (FCC). Home-based child care services that are
provided for Military Service members, DoD civilian employees, or
eligible employees of a DoD contractor by an individual who is
certified by the Secretary of the Military Department or Director of
the Defense Agency or DoD Field Activity concerned as qualified to
provide those services, and provides those services for 10 hours or
more per week per child on a regular basis for compensation. Also
referred to as family home day care, family home care, child
development homes, and family day care.
FCC administrator. DoD civilian employees or contract personnel,
either APF or NAF, who are responsible for FCC program management,
training, inspections, and other services to assist FCC providers.
Includes program directors, monitors, outreach workers, United States
Department of Agriculture (USDA) CACFP monitors, and administrative
personnel.
FCC provider. An individual 18 years of age or older who provides
child care for 10 hours or more per week per child on a regular basis
in his or her home with the approval and certification of the
commanding officer, and has responsibility for planning and carrying
out a program that meets the children's needs at their various stages
of development and growth.
Family member. For a Military Service member, the member's spouse
or unmarried dependent child, or an unmarried dependent child of the
member's spouse. For an eligible DoD civilian employee or eligible
employee of a DoD contractor, the employee's spouse or same-sex
domestic partner, or unmarried dependent child of the employee,
employee's spouse, or the employee's same-sex domestic partner.
Financial hardship. A severe hardship resulting from, but not
limited to: Sudden and unexpected illness or accident of the spouse or
the same-sex domestic partner of an eligible DoD Civilian employee;
loss of the spouse's or eligible DoD Civilian's same-sex domestic
partner's employment or wages; property damage not covered by
insurance; extraordinary and unforeseeable circumstances arising as a
result of events beyond the control of the patron.
Full-day care. This care meets the needs of parents working outside
the home who require child care services 6 hours or more per day on a
regular basis, usually at least 4 days per week.
Hourly care. Care provided in a CDP that meets the needs of parents
requiring short-term child care services on an intermittent basis.
Hourly care includes on-site group care.
Individual with a disability. A handicapped person as defined in 32
CFR part 56, in accordance with 29 U.S.C. 705, also known as ``Section
7 of
[[Page 28411]]
The Rehabilitation Act of 1973,'' as amended, and consistent with 42
U.S.C. 12102, also known as ``The Americans with Disabilities Act, as
amended''. Synonymous with the phrase ``person with a disability.''
Identification Action Team. A multidisciplinary team that supports
families of children with special needs that consider the needs of the
child, the disability, and the environment of group care in child
development facilities or home-based care, staffing needs and training
requirements, and the resources of the program.
Infant. A child, aged birth through 12 months.
In loco parentis. In the place or position of a parent. An ``in
loco parentis'' relationship is one in which a person takes on the role
of a lawful parent by assuming the obligations and discharging the
duties of a parent without formally becoming an adoptive parent or
legal guardian. The child(ren) must reside with and be supported by the
person. A special power of attorney to act ``in loco parentis'' is
required to be on file.
Military approved community based program. Military approved child
care available to geographically dispersed eligible families.
Military CDP facility. A facility on a military installation or
operated by a DoD Component at which child care services are provided
for Military Service members or DoD civilian employees or any other
facility at which such child care services are provided that is
operated by the Secretary of a Military Department.
Military installation. Defined in 32 CFR 238.3.
Mixed-age group. A group of children that includes children from
more than one age group.
Multidisciplinary inspection team. An inspection team led by a
representative of the installation commander with authority to verify
compliance with standards.
Non-appropriated funds (NAF). Funds derived from CDP fees paid by
eligible patrons.
NAF employees. Civilian employees hired by DoD Components and
compensated from NAFI funds. Includes temporary employees, 18 years or
older.
Off-site group care. An option which provides child care on an
occasional rather than a daily basis and allows on-site hourly group
care when parents of children in care are attending command functions
in the same facility.
On-site group care. A child care program that provides on-site
hourly group child care when a parent or guardian of the children in
care are attending the same function and are in the same facility.
Operational hardship. A program's inability to operate at full
capacity due to documented staffing shortages.
Parent. The biological father or mother of a child; a person who,
by order of a court of competent jurisdiction, has been declared the
father or mother of a child by adoption; the legal guardian of a child;
or a person in whose household a child resides at least 25 percent of
the time in any month, provided that such person stands in loco
parentis to that child and contributes at least one-half of the child's
support.
Parent board. A group established pursuant to 10 U.S.C. 1783 and
1795 comprised of parents who are also Military Service members,
retired Military Service members, or spouses of Military Service
members or retired Military Service members of children attending DoD
CDPs, including FCC. This board shall act in an advisory capacity,
providing recommendations for improving services. The board shall meet
periodically with staff of the CDP. The board, with the advice of the
program staff, shall be responsible for developing and overseeing the
implementation of the parent participation program in accordance with
10 U.S.C. 1795.
Parent participation plan. A planned group of activities and
projects established by the Parent Board to encourage parents to
volunteer in CDPs, including special events and activities (such as
field trips, holiday events, and special curriculum programs), small
group activities, special projects (such as playground improvement,
procurement of equipment, and administrative aid), and parent education
programs and training workshops to include child abuse prevention
education for parents.
Part-day care. This care meets the needs of parents working outside
the home who require child care services on a seasonal or regularly
scheduled part-day basis for fewer than 6 hours per day, usually fewer
than 4 days per week.
Preschool-age. Children 36 months through 5 years of age.
Pre-toddler. A child 13 months through 24 months of age.
Qualifying children. Children of an eligible patron or their spouse
or the same-sex domestic partner of eligible DoD civilian employees.
Resource and referral (R&R). A service that provides information
about child care services on and off the installation to meet patrons'
child care needs and maximize use of available sources of child care.
Respite child care. Care for children that provides a parent or
guardian temporary respite from their role as a primary caregiver.
Same-sex domestic partner. A person in a same-sex domestic
partnership with a uniformed service member, civilian employee or
employee of a DoD contractor of the same-sex.
Same-sex domestic partnership. A committed relationship between two
adults of the same-sex in which the partners:
(1) Are each other's sole same-sex domestic partner and intend to
remain so indefinitely;
(2) Are not married (legally or by common law) to, joined in civil
union with, or in a same-sex domestic partnership with anyone else;
(3) Are at least 18 years of age and mentally competent to consent
to contract;
(4) Share responsibility for a significant measure of each other's
common welfare and financial obligations;
(5) Are not related in a way that, if they were of opposite sex,
would prohibit legal marriage in the state or U.S. jurisdiction in
which they reside; and,
(6) Maintain a common residence and intend to continue the
arrangement (or would maintain a common residence but for the
requirements of military service, an assignment abroad, or other
employment-related, financial, or similar obstacle).
School age care (SAC). Either facility-based or home-based care for
children ages 6-12, or those attending kindergarten, who require
supervision before and after school, or during duty hours, school
holidays, or school closures.
School-age children. Children aged 6 years through 12, or attending
kindergarten through sixth grade, enrolled in a SAC program.
Screen time. Time spent watching television, playing video games,
or on the computer.
Special needs. Children with special needs are children who may
need accommodations to make child care accessible or may otherwise
require more than routine and basic care; including children with or at
risk of disabilities, chronic illnesses and physical, developmental,
behavioral, or emotional conditions that require health and related
services of a type or amount beyond that required by children in
general.
Staff:child ratio. The number of children for whom individual
caregiving personnel or FCC providers shall be responsible.
[[Page 28412]]
Sudden Infant Death Syndrome (SIDS). The sudden, unexplained death
of an infant younger than 1 year old.
Supplemental child care. Child care programs and services that
augment and support CDC and FCC programs to increase the availability
of child care for military and DoD civilian employees. These may
include, but are not limited to, resource and referral services,
contract-provided services, short-term, hourly child care at
alternative locations, and interagency initiatives.
Support staff. Person(s) responsible for providing services not
directly related to direct child care services, such as, but not
limited to, janitorial, food service, clerical, and administrative
duties.
Surviving spouse. A spouse of a Service member who dies on active
duty, active duty training, inactive duty training, or within 120 days
after release from active duty if the death is due to a service-related
disability.
Third party administrator (TPA). An independent organization or
entity contracted to perform identified services on behalf of the plan
administrator. These services may include clerical and administrative
functions such as enrollment and claims administration, payment of
subsidies to providers and information services.
Toddler. A child between the ages of 24 and 36 months of age.
Total family income (TFI). Includes all earned income including
wages, salaries, tips, long-term disability benefits, voluntary salary
deferrals, basic allowance for housing Reserve Component/Transit (BAH
RC/T) and subsistence allowances and in-kind quarters and subsistence
received by a Military Service member, civilian employee, a spouse, or,
in the case of an eligible DoD civilian employee, the same-sex domestic
partner, and anything else of value, even if not taxable, that was
received for providing services. BAH RC/T and subsistence allowances
mean the Basic Allowance for Quarters and the Basic Allowance for
Subsistence received by military personnel and civilian personnel when
provided (with respect to grade and status) and the value of meals and
lodging furnished in-kind to military personnel residing on military
bases.
Training & curriculum specialist--Personnel whose main
responsibility is providing training and oversight to other CDC or SAC
employees.
Unmet need. The number of children whose parents cannot work
outside the home because child care is not available.
Waiting list. List of children waiting for a CDP space and whose
parents have requested space in a CDP and none is available.
Sec. 79.4 Policy.
In accordance with DoD Instruction 1342.22, and 10 U.S.C. 1783,
1791 through 1800, 2809, and 2812, it is DoD policy to:
(a) Ensure that the CDPs support the mission readiness, family
readiness, retention, and morale of the total force during peacetime,
overseas contingency operations, periods of force structure change,
relocation of military units, base realignment and closure, and other
emergency situations (e.g. natural disasters, and epidemics). Although
child care supports working parents, it is not an entitlement and
parents must pay their share of the cost of child care.
(b) Reduce the stress of families who have the primary
responsibility for the health, safety and well-being of their children
and help them balance the competing demands of family life and the DoD
mission. CDPs provide access and referral to available, affordable,
quality programs and services that meet the basic needs of children,
from birth through 12 years of age, in a safe, healthy, and nurturing
environment.
(c) Conduct an annual internal certification process to ensure that
all installation-operated CDPs are operating in accordance with all
applicable Federal mandates and statutory requirements.
(d) Provide child care to support the personnel and the mission of
DoD. Eligibility is contingent on the status of the sponsor.
(1) Eligible patrons include:
(i) Active duty military personnel
(ii) DoD civilian employees paid from either appropriated funds
(APF) or non-appropriated funds (NAF).
(iii) Reserve Component military personnel on active duty or
inactive duty training status.
(iv) Combat related wounded warriors.
(v) Surviving spouses of Military members who died from a combat
related incident.
(vi) Those acting in loco parentis for the dependent child of an
otherwise eligible patron.
(vii) Eligible employees of DoD contractors.
(viii) Others authorized on a space available basis.
(2) In the case of unmarried, legally separated parents with joint
custody, or divorced parents with joint custody, children are eligible
for child care only when they reside with the Military Service member
or eligible civilian sponsor at least 25 percent of the time in a month
that the child receives child care through a DoD program. There may be
exceptions as addressed in Sec. 79.6.
(e) Promote the cognitive, social, emotional, cultural, language
and physical development of children through programs and services that
recognize differences in children and encourage self-confidence,
curiosity, creativity, self-discipline, and resiliency.
(f) Employ qualified direct program staff whose progression from
entry level to positions of greater responsibility is determined by
training, education, experience, and competency. Ensure that civilian
employees maintain their achieved position and salary as they move
within the military child care system.
(g) Certify qualified FCC providers who can support the mission
requirements of the installation.
(h) Facilitate the availability and expansion of quality,
affordable, child care off of military installations that meet the
standards of this part to ensure that geographically dispersed eligible
families have access to legally operating military-approved community-
based child care programs.
(i) Promote the early identification and reporting of alleged child
abuse and neglect in DoD CDPs in accordance with DoD Directive 6400.1,
``Family Advocacy Program (FAP)'' (see http://www.dtic.mil/whs/directives/corres/pdf/640001p.pdf).
(j) Ensure that funding is available to meet Military Child Care
Act requirements pursuant to 10 U.S.C. 1791 through 1800 and protect
the health, safety, and well-being of children in care.
Sec. 79.5 Responsibilities.
(a) The Assistant Secretary of Defense for Readiness and Force
Management (ASD(R&FM)), under the authority, direction, and control of
the USD (P&R) shall:
(1) Monitor compliance with this part by personnel under his or her
authority, direction, and control.
(2) Annually review and issue a child care fee policy based upon
total family income (TFI) for use by programs in the DoD child
development system of care.
(b) The Deputy Assistant Secretary of Defense for Military
Community and Family Policy (DASD(MC&FP)), under the authority,
direction, and control of the ASD(R&FM), shall:
(1) Work across functional areas of responsibility and collaborate
with other federal and non-governmental organizations to ensure access
to a continuum of quality, affordable CDPs.
[[Page 28413]]
(2) Program, budget, and allocate funds and other resources to meet
the objectives of this part.
(3) Issue DD Form 2636, ``Child Development Program, Department of
Defense Certificate to Operate,'' to the Military Departments for each
CDP found to be in compliance with this part.
(4) Require that the policies and related documents are updated and
relevant to the program.
(5) Report DoD Component program data to support legislative,
research, and other requirements.
(c) The Heads of the DoD Components shall:
(1) Establish implementing guidance and ensure full implementation
within 12 months of the publication date, consistent with this part, to
monitor compliance through regular inspection of CDPs and follow-up
oversight actions as needed.
(2) Program, budget, and allocate funds and other resources to meet
the requirements of this part.
(3) Establish a priority system for all patrons seeking to enroll
children in CDPs in accordance with paragraph (a) of Sec. 79.6.
(4) Assess DoD Component demand and take appropriate action to
address the child care capability needed on and off the installation in
accordance with paragraph (g) of Sec. 79.6.
(5) Establish a hardship waiver policy to address financial and
operational situations.
(6) Submit fiscal year annual summary of operations reports to the
DASD(MC&FP) by December 30 of each year using Report Control Symbol DD-
P&R(A) 1884, ``Department of Defense Child Development Program (CDP)
Annual Summary of Operations.''
(7) Require that background checks are conducted for individuals
who have contact with children in DoD CDPs in accordance with DoDI
1402.5, ``Criminal History Background Checks on Individuals in Child
Care Services'' (available at http://www.dtic.mil/whs/directives/corres/pdf/140205p.pdf) and 32 CFR part 86 and paragraph (c)(1) of
Sec. 79.6.
(8) Require that all individuals who have contact with children in
a DoD CDP complete a DD Form X656 ``Basic Criminal History and
Statement of Admission''.
(9) Require that each CDP establishes a Parent Board in accordance
with 10 U.S.C. 1783 and 1795.
(10) Forward the results of DoD Component inspections to the
DASD(MC&FP).
(11) Ensure that all incidents that occur within a DoD CDP and
involve allegations of child abuse or neglect, revocation of
accreditation, or hospitalization of a child, are reported to DASD
(MC&FP) through the Office of Family Policy (OFP/CY) within 72 hours of
the incident.
(12) Notify the DASD(MC&FP) through OFP/CY if, at any time, a
facility in the CDP is closed due to a violation (see paragraph
(c)(4)(ii) of Sec. 79.6, for more information on violations).
(13) Provide the DASD(MC&FP) through OFP/CY with a copy of
applications made in accordance with DoD Instruction 5305.5, ``Space
Management Procedures, National Capital Region'' (see http://www.dtic.mil/whs/directives/corres/pdf/530505p.pdf) and 40 U.S.C. 590
to the U.S. General Services Administration (GSA) for building space
for use in providing child care for DoD personnel, and comply with GSA
standards for funding and operation of child care programs in GSA-
controlled space.
(i) Where the DoD is the sole sponsoring agency and the space has
been delegated to the DoD by the GSA, the space must comply with the
requirements prescribed in this part.
(ii) For the National Capital Region, space acquisition procedures
in DoD Instruction 5305.5 shall be used to gain the assignment of space
in Government-owned or Government-leased facilities from the GSA.
(14) Require that CDPs follow the recommendations of the Advisory
Committee on Immunization Practices (ACIP) and comply with generally
accepted practices endorsed by the American Academy of Pediatrics (AAP)
and Centers for Disease Control or the latest guidance provided by OFP/
CY.
(15) Establish and implement DoD Component-specific child care fees
based on the DoD-issued fee policy on an annual basis, and issue
supplemental guidance on fees for school-age programs, hourly care,
preschool programs, DoD Component approved community-based programs,
and FCC subsidies. Submit DoD Component-specific requests for waiver
for any deviation from DoD policy, including selection of the high or
low cost fee option, to the Office of the DASD (MC&FP) through OFP/CY
for approval.
(16) Establish guidelines for communication between command,
installation, and educational and behavioral support systems.
(17) Require that all military installations under their authority
follow guidance that addresses the ages and circumstances under which a
child under 13 years of age can be left at home alone without adult
supervision, also known as a ``home alone policy,'' or ``self-care
policy.'' The installation commander should approve this policy in
consultation with the installation director of the Family Advocacy
Program. Guidance is consistent with or more stringent than applicable
laws and ordinances of the State and country in which the installations
are located.
(18) Establish guidance and operating procedures to provide
services for children with special needs in accordance with 32 CFR part
56, ``Nondiscrimination on the Basis of Handicap in Programs and
Activities Assisted or conducted by the Department of Defense'' that
implement section 504 of the Rehabilitation Act for federally conducted
and federally assisted programs and 42 U.S.C. 12102, ``The American
Disabilities Act'' as they apply to children and youth with special
needs.
(i) Require procedures for reviewing and making reasonable
accommodation for children with special needs that do not fundamentally
alter the nature of the program.
(ii) Consider the needs of the child, the disability, and the
environment of group care in child development facilities or home-based
care, staffing needs and training requirements, and the resources of
the program.
(iii) Include CDPs as part of the Multidisciplinary Inclusion
Action Team that supports families of children with special needs.
(19) Establish guidance and operating procedures to provide
services for children of the deployed.
(20) Establish standard risk management procedures for responding
to emergency or contingency situations. This includes, but is not
limited to, natural disasters, pandemic disease outbreaks, allegations
of child abuse or neglect, active shooter, or an installation or
facility lockdown.
(21) Require that vehicles used to transport children comply with
Federal motor vehicle safety standards in accordance with 49 U.S.C.
30125 and applicable State or host nation requirements.
(22) Notify applicable civilian patrons annually of their potential
tax liability associated with child care subsidies, and ensure that
information required by the third party administrator (TPA) is provided
in accordance with 26 U.S.C. 129.
(23) Require that a current plan to implement direct cash subsidies
to military-approved child care providers to expand the availability of
child care spaces and meet specialized child care needs, such as
weekend and evening care, special needs, deployment
[[Page 28414]]
support, and respite child care support, is in place.
(d) The Secretaries of the Military Departments, in addition to the
responsibilities in paragraph (c) of this section, shall:
(1) Work with the Heads of the DoD Components to implement CDPs in
accordance with this part.
(2) Notify the OFP/CY of any Service-wide specific requirements
that will require a waiver to deviate from existing policy.
(e) The Installation Commanders (under the authority, direction,
and control of the Secretary of the Military Department concerned)
shall:
(1) Require that CDPs within his or her jurisdiction are in
compliance with this part.
(2) Require that child care fees are used in accordance with DoD
Instruction 5305.5 and paragraph (c)(2) of Sec. 79.6.
(3) Require that CDP direct program staff are paid in accordance
with Volume 1405 of DoD Instruction 1400.25, ``DoD Civilian Personnel
Management System: Nonappropriated Fund (NAF) Pay and Allowances''
(available at http://www.dtic.mil/whs/directives/corres/pdf/1400.25-V1405.pdf). Ensure 75 percent of the program's direct program staff
total labor hours are paid to direct program staff who are in benefit
status.
(4) Require that there are adequate numbers of qualified
professional staff to manage the CDPs according to the Service manpower
and child space staffing requirements and referenced in paragraphs (c)
and (d) of Sec. 79.6 of this part.
(5) Manage child care priority policy, as directed by their
respective DoD Component.
(6) Manage hardship waiver policy (financial and operational), as
directed by their respective DoD Component.
(7) Review and validate the demand for installation child care
capacity and take appropriate action to expand the availability of care
as needed. See paragraph (h) of Sec. 79.6 of this part.
(8) Convene a Parent Board, and ensure that a viable Parent
Participation Program is in accordance with 10 U.S.C. 1783 and 1795.
(9) Implement mandated annual and periodic inspections and complete
required corrective and follow-up actions within timeframes specified
by their respective DoD Component.
(f) Directors of the Defense Agencies and DoD Field Activities. In
addition to the responsibilities in paragraph (c) of this section, the
Directors of the Defense Agencies and DoD Field Activities shall:
(1) Require that CDPs within his or her jurisdiction are in
compliance with this part.
(2) Require that child care fees are used in accordance with DoD
Instruction 5305.5 and paragraph (c)(2) of Sec. 79.6.
(3) Require that CDP direct program staff are paid in accordance
with Volume 1405 of DoD Instruction 1400.25. Ensure 75 percent of the
program's direct program staff total labor hours are paid to direct
program staff who are in benefit status.
(4) Require that there are adequate numbers of qualified
professional staff to manage the CDPs according to the Service manpower
and child space staffing requirements and referenced in paragraphs (c)
and (d) of Sec. 79.6 of this part.
(5) Manage child care priority policy, as directed by their
respective DoD Component.
(6) Manage hardship waiver policy (financial and operational), as
directed by their respective DoD Component.
(7) Review and validate the demand for installation child care
capacity and take appropriate action to expand the availability of
care, as needed. See paragraph (h) of Sec. 79.6 of this part.
(8) Convene a Parent Board, and require that a viable Parent
Participation Program is in accordance with 10 U.S.C. 1783 and 1795.
(9) Implement mandated annual and periodic inspections and complete
required corrective and follow-up actions within timeframes specified
by their respective DoD Component.
Sec. 79.6 Procedures.
(a) Priority System. To the extent possible, CDPs shall be offered
to the qualifying children of eligible patrons.
(1) Priority 1. The highest priority for full-time care shall be
given to qualifying children from birth through 12 years of age of
combat related wounded warriors, child development program direct care
staff, single or dual active duty Military Service members, single or
dual DoD civilian employees paid from APF and NAF, surviving spouses of
military members who died from a combat related incident, and those
acting in loco parentis on behalf of the aforementioned eligible
patrons. With the exception of combat related wounded warriors, ALL
eligible parents or caregivers residing with the child are employed
outside the home.
(2) Priority 2. The second priority for full-time care shall be
given equally to qualifying children from birth through 12 years of age
of active duty Military Service members, DoD civilian employees paid
from APF and NAF, surviving spouses of military members who died from a
combat related incident, and those acting in loco parentis on behalf of
the aforementioned eligible patrons, where a non-working spouse, or in
the case of a DoD civilian employee with a same-sex domestic partner,
is actively seeking employment. The status of actively seeking
employment must be verified every 90 days.
(3) Priority 3. The third priority for full-time care shall be
given equally to qualifying children from birth through 12 years of age
of active duty Military Service members, DoD civilian employees paid
from APF and NAF, surviving spouses of military members who died from a
combat related incident, and those acting in loco parentis on behalf of
the aforementioned eligible patrons, where a non-working spouse, or in
the case of a DoD civilian employee with a same-sex domestic partner,
is enrolled in an accredited post-secondary institution. The status of
post-secondary enrollment must be verified every 90 days.
(4) Space Available. After meeting the needs of parents in
priorities 1, 2, and 3, CDPs shall support the need for full-time care
for other eligible patrons such as active duty Military Service members
with non-working spouses, DoD civilian employees paid from APF and NAF
with non-working spouses or same-sex domestic partners, eligible
employees of DoD Contractors, Federal employees from non-DoD agencies,
and military retirees on a space available basis. In this category,
CDPs may also authorize otherwise ineligible patrons in accordance with
10 U.S.C. 1783, 1791 through 1800, 2809, and 2812 to enroll in the CDP
to make more efficient use of DoD facilities and resources.
(5) Individual priorities will be determined based on the date of
application with the DoD Component. Components may only establish sub-
priorities if unique mission related installation requirements are
identified by higher headquarters.
(b) Types of Care. The types of care offered for children from
birth through 12 years of age include 24/7 care and care provided on a
full-day, part-day, short-term or intermittent basis.
(1) Military-Operated CDPs. Military-operated (on and off
installation) CDPs generally include:
(i) CDCs. Reference Table 1 of this section of this part for
standards of operation for CDCs. CDCs primarily offer care to children
from birth to 5 years of age, but may also be used to provide SAC
programs.
(ii) SAC Programs. Reference Table 1 of this section for SAC
standards of
[[Page 28415]]
operation. SAC programs primarily offer care to children from 6 to 12
years of age. Care may be offered in CDCs and other installation
facilities, such as youth centers and schools.
(iii) FCC. Reference Table 2 of this section for FCC standards of
operation. Child care services are available to children from infancy
through 12 years of age and are provided in government housing or in
state licensed/regulated homes in the community.
(iv) Supplemental Child Care. Services include short-term
alternative child care options in approved settings on and off
installation.
(v) Part-Day and Hourly Programs. CDP space used for part-day and
hourly programs, including programs to provide respite child care,
shall not exceed 20 percent of the CDP program's capacity during duty
hours.
(2) Military Department, Defense Agency, and DoD Field Activity-
Approved Supplemental Child Care Programs. See paragraph (g) of this
section.
(c) Administration, Funding and Oversight of Military Operated
CDPs. Unless otherwise noted, the requirements in this section apply to
all DoD-operated CDPs.
(1) Background Checks. All background checks for individuals who
have regular, recurring contact with children and youth in CDPs,
including adult family members of FCC providers and any individual over
the age of 18 living in a home where child care is provided, and
persons who serve as substitute or backup providers, shall be conducted
in accordance with 32 CFR part 86.
(2) Funding. CDPs are funded by a combination of APF and NAF.
(i) The amount of APF used to operate CDPs shall be no less than
the amount collected through child care fees, except for CDCs that
operate under a long-term facility's contract or lease-purchase
agreement under 10 U.S.C. 2809 and 2812.
(A) A family's child care fee category is determined based on an
initial and subsequent annual verification of TFI. Families pay the
child care fee assigned to that TFI category. A family's fees may only
be adjusted once per year, with exceptions listed in paragraph
(c)(2)(i)(E) of this section. TFI is determined utilizing DD Form 2652.
(B) APF may be used to subsidize child care in military-approved
civilian programs in accordance with 10 U.S.C. 1791 through 1800.
(C) DoD Components establishing child care fee assistance programs
for their employees must contribute the amounts required to pay
subsidies out of agency APFs.
(D) FCC providers are private contractors. Fees are established
between the provider and parent, unless such providers receive direct
monetary subsidies. When FCC providers receive direct monetary
subsidies to reduce the cost of care for the families they service, the
installation commander or DoD Component shall determine relevant fees
charged by FCC providers.
(E) Fees may be adjusted:
(1) By the installation commander, Defense Agency Director, or DoD
Field Activity Director:
(i) On a case-by-case basis for families who are facing financial
hardship or unusual circumstances that merit review, in accordance with
established DoD Component guidance.
(ii) For parents participating in an approved parent participation
program.
(2) By the DoD Components, Defense Agency Director, or DoD Field
Activity Director:
(i) To accommodate an optional high market rate when it is
necessary to pay higher wages to compete with local labor or at those
installations where wages are affected by non-foreign area cost of
living allowance (COLA), post differential or locality pay. The
optional low market rate may be used in areas where costs for
comparable care within the installation catchment area are
significantly lower. A request to utilize the high or low market rate
options must be submitted to OFP/CY for approval.
(ii) To reflect changes in employment status, relocation, and
annual internal reviews that find inaccurate determination or
calculation of TFI.
(iii) For CDP employees when CDC programs are facing operational
hardships.
(ii) Child Development Program Element APF may be used for:
(A) Salaries of CDP employees.
(B) Food.
(C) Training and education.
(D) Program accreditation fees and support services.
(E) Travel and transportation.
(F) Marketing, to include recruitment, retention, and participation
efforts.
(G) Supplies and equipment, to include lending libraries and
training materials for use by FCC providers.
(H) Local travel expenses incurred by FCC program staff using their
private vehicles to perform government functions.
(I) Direct monetary subsidies to FCC providers.
(iii) To the maximum extent possible, child care fees shall cover
the NAF cost of care, and NAF costs not covered by child care fees are
to be minimized. Child care fees shall only be used for:
(A) Compensation of direct care CDP employees who are classified as
NAF employees, to include training and education, and recruitment and
retention initiatives approved by the DoD Component.
(B) Food-related expenses not paid by the USDA or DoD APFs.
(C) Consumable supplies.
(3) Facility Requirements and Construction.
(i) Minimum prescribed construction standards:
(A) For all Marine Corps, Navy, and Air Force CDC facility
construction, the Unified Facilities Criteria (UFC) 4-740-14, ``Design:
Child Development Centers'' (see http://www.wbdg.org/ccb/DOD/UFC/ufc_4_740_14.pdf) apply.
(B) For all Army CDC facility construction, the Army Standard for
Child Development Centers (see https://mrsi.usace.army.mil/fdt/Army%20Standards/CDC%20age%206wk%20to%205yr%20Army%20Standard.pdf)
apply.
(C) When SAC is provided in youth facilities, UFC 4-740-06, ``Youth
Centers'' (see http://www.wbdg.org/ccb/DOD/UFC/ufc_4_740_06.pdf) and
Service-specific exceptions to the UFC apply.
(D) State and local construction standards may be used but are not
required, except if the CDC facility is located on an area over which
the United States has no legislative jurisdiction and then only if
State and local standards are more stringent than those in UFC 4-740-
14.
(ii) All facilities shall comply with the structural requirements
of the National Fire Protection Association 101, ``Life Safety
Code[supreg]'' 2012 (available at http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=101&cookie%5Ftest=1)
(4) Oversight.
(i) DoD Certification Inspection. Installation-operated CDPs in
which care is provided for 10 or more child care hours per week on a
regular basis shall be certified to operate through inspections
occurring no fewer than four (4) times a year. Inspections must be
unannounced, and parent and staff feedback shall be solicited as part
of the inspection process.
(A) Three local inspections and one higher headquarters inspection
shall be conducted to verify compliance with this part and DoD
Component implementing guidance. Local inspection teams are led by a
representative of the installation commander, Defense Agency Director,
or Defense Field Activity Director, and
[[Page 28416]]
a multidisciplinary team, to include human resource, fire, health, and
safety proponents, with expertise and authority to verify compliance
with this part.
(1) Local inspections include an annual comprehensive health and
sanitation inspections, annual comprehensive fire and safety
inspections, and a multidisciplinary inspection whose team that
includes parent representation. Community representation on the team by
appropriate professionals is highly encouraged.
(2) DoD Component inspection teams inspecting CDPs serving children
birth through 12 years of age shall include staff possessing:
(i) A baccalaureate degree in child development, early childhood
education (ECE), home economics (early childhood emphasis), elementary
education, special education, or other degree appropriate to the
position filled from an accredited college;
(ii) Knowledge of child/youth development programs; or
(iii) A combination of education and experience that provide
knowledge comparable to that normally acquired through the successful
completion of a 4-year degree (experience must include at least 3 years
of full-time teaching or management experience with children of the
appropriate age group).
(3) Parents shall be interviewed as part of the DoD Component
inspection. Additional inspections shall be conducted in response to
program complaints in accordance with paragraph (b) of Sec. 79.5.
(4) Results of DoD Component inspections shall be provided by the
DoD Component to the ODASD(MC&FP) through OFP/CY. CDPs whose inspection
results demonstrate compliance with this part shall receive DD Form
2636. Certificates shall be displayed in a prominent location in the
CDP.
(5) Inspection results shall be made available to parents. Results
from inspections of CDC programs shall be available online.
(6) Periodic, unannounced inspections shall be made by the
ODASD(MC&FP) to ensure compliance with the requirements in this part.
(7) In response to each inspection, a corrective action plan with
appropriate timelines shall be developed to address any deficiencies
identified during inspection.
(ii) Violations. The installation commander, Defense Agency
Director or DoD Field Activity Director shall ensure the immediate
remedy of any life-threatening violation of this part or other safety,
health, and child welfare laws or regulations (discovered at an
inspection or otherwise) at a DoD CDP, or he or she will close the
facility (or affected parts of the facility).
(A) In the case of a violation that is not life-threatening, the
commander of the major command under which the installation concerned
operates, or the Director of the Defense Agency or DoD Field Activity
concerned, may waive the requirement that the violation be remedied
immediately for up to 90 days beginning on the date of discovery of the
violation.
(B) If the violation that is not life-threatening is not remedied
by the end of that 90-day period, the facility or parts involved will
be closed until the violation is remedied.
(C) The Secretary of the Military Department, or Director of the
Defense Agency or DoD Field Activity concerned, may request a waiver of
the requirements of the preceding sentence to authorize the program to
remain open in a case where the violation cannot reasonably be remedied
within the 90-day period or in which major facility reconstruction is
required. A waiver request must be submitted to OFP/CY for approval.
(iii) Accreditation. Eligible CDP facilities (excluding FCC) shall
be accredited by a DoD-approved national accrediting body. CDP
oversight is a statutory requirement involving an external nationally
recognized accreditation process and internal DoD Certification
process.
(A) FCC providers shall be encouraged to seek accreditation from an
appropriate national accrediting body.
(B) The percentage of CDP facilities successfully achieving
accreditation shall be reflected in the Annual Summary of Operations
report referenced in Sec. 79.5.
(iv) Monitoring. There shall be a system in place to monitor FCC
homes on a regular basis during all hours of operation. The following
information shall be maintained for FCC providers:
(A) Results of family interview.
(B) Background check with suitability determination.
(C) Inspection results.
(D) Insurance.
(E) Training records.
(F) Monitoring visit records.
(5) Parent Board. In accordance with 10 U.S.C. 1783 and 1795, each
CDP shall establish a Parent Board to discuss problems and concerns and
to provide recommendations for improving CDPs. The Board, with the
staff of the program, is responsible for coordinating a parent
participation program.
(i) The Board shall be composed only of parents of children
enrolled in the installation CDP facilities that are Military Service
members, retired Military Service members, or spouses of Military
Service members or retired Military Service members, and chaired by
such a parent.
(ii) The Board shall meet periodically with the staff of the
program and the installation commander, Defense Agency Director, or DoD
Field Activity Director to discuss problems and concerns. Board
recommendations shall be forwarded to the installation commander,
Defense Agency Director, or DoD Field Activity Director for review and
disposition. These recommendations are reviewed during the DoD
certification inspection.
(iii) The Board shall coordinate a parent participation program
with CDP staff to ensure parents are involved in CDP planning and
evaluation. In accordance with 10 U.S.C. 1795, parents participating in
such program may be eligible for child care fees at a rate lower than
the rate that otherwise applies.
(6) Enrollment. To enroll in the CDP, parents shall complete DD
Form 2606 or electronic equivalent, DoD Child Development Program
Request for Care Record. At the time of enrollment in an installation-
based CDP, parents shall provide:
(i) Child(ren)'s health and emergency contact information.
(ii) Documentation that children have been fully immunized.
(A) Children who have not received their age-appropriate
immunizations prior to enrollment and do not have a documented
religious or medical exemption from routine childhood immunizations
shall show evidence of an appointment for immunizations; the
immunization series must be initiated within 30 days.
(B) Children in SAC are not required to provide documentation if
they are enrolled in a local public school system where proof of
currency of vaccination is required.
(iii) Children's records shall be updated annually or as needed for
their health, safety, or well-being.
(7) Immunizations. Children enrolling in or currently enrolled in
DoD CDPs must provide written documentation of immunizations
appropriate for the child's age. Per AR 40-562/BUMEDINST 6230.15A/AFJI
48-110/CG COMDTINST M6230.4F, ``Immunizations and Chemoprophylaxis''
(see http://www.vaccines.mil/documents/969r40_562.pdf), immunizations
recommended by the ACIP are required.
[[Page 28417]]
(i) All records shall be updated at least annually and kept on
file. Any child not enrolled in a school system where proof of currency
of vaccination is required must provide proof of currency.
(ii) Children enrolled in a local public school system and
volunteer sports coaches are excluded from this requirement.
(iii) A waiver for an immunization exemption may be granted for
medical or religious reasons. Philosophical exemptions are not
permitted. The DoD Component must provide guidance on the waiver
process.
(A) A statement from the child's health care provider is required
if an immunization may not be administered because of a medical
condition. The statement must document the reason why the child is
exempt.
(B) If an immunization is not administered because of a parent's
religious beliefs, the parent must provide a written statement stating
that he or she objects to the vaccination based upon religious beliefs.
(C) During a documented outbreak of a contagious disease (as
determined by local DoD Medical authorities) that has a vaccine, the
child who is attending the program under an immunization waiver for
that vaccine, will be excluded from the program for his or her
protection and the safety of the other children and staff until the
contagious period is over.
(iv) Civilian employees (including specified regular volunteers)
and FCC providers shall obtain appropriate immunization against
communicable diseases in accordance with recommendations from the ACIP.
The requirement for appropriate immunization is a condition of
continued employment or active participation in the program or
organization.
(A) This requirement is waived if a current immunization, a
protective titer, or a medical exemption is approved and documented. A
waiver for an immunization exemption may also be granted for religious
reasons. Philosophical exemptions are not permitted.
(B) The DoD Component must provide guidance on the waiver process.
The DoD Component must approve all waivers and documentation of the
waiver kept on file.
(C) During a documented outbreak of a contagious disease, staff
with a waiver will be excluded from the program for their protection
and the safety of the other children and staff until the contagious
period is over.
(8) Child Abuse Prevention and Reporting. In accordance with 10
U.S.C. 1794, CDPs shall minimize the risk for child abuse.
(i) CDPs shall have standard operating procedures for reporting
cases of suspected child abuse and neglect, and all employees,
employees of DoD contractors, individuals working with CDPs, providers,
volunteers and parents shall be informed of child abuse prevention, and
identification and reporting requirements. Staff shall be knowledgeable
of the child abuse reporting requirements.
(ii) In accordance with 10 U.S.C. 1794, the DoD Child Abuse and
Safety Hotline telephone number shall be posted in highly visible
areas, including the facility lobby, where parents have easy access to
the telephone number. The hotline number shall be published in parent
handbooks and other media.
(9) Programming and Standards of Operation. All CDPs shall
establish a planned program of developmentally appropriate activities,
and adhere to the standards of operation outlined in Tables 1 and 2 of
this section.
(d) Personnel. Installation-based CDP personnel and FCC providers
shall meet the following requirements:
(1) CDC Directors. CDC directors shall have at a minimum:
(i) A baccalaureate degree in child development, ECE, home
economics (early childhood emphasis), elementary education, special
education, or other degree appropriate to the position filled from an
accredited college; or
(ii) A combination of education and experiences, which provide
knowledge comparable to that normally acquired through the successful
completion of the 4-year course of study in a child-related field.
(2) SAC Directors. Directors shall have at a minimum:
(i) A baccalaureate degree in a field of child or youth
development, such as youth recreation, physical education, elementary
education, secondary education, child development, psychology, social
work, or other degree appropriate to the position filled from an
accredited college; or
(ii) A combination of education and experiences, which provide
knowledge comparable to that normally acquired through the successful
completion of the 4-year course of study in a child development or
youth-related field.
(3) Training and Curriculum Specialists. Each program within the
CDP shall employ at least one training and curriculum specialist.
Training and curriculum specialists shall have at a minimum:
(i) A baccalaureate degree with a major course of study directly
related to child or youth development, ECE or an equivalent field of
study from an accredited college, or a combination of education and
experiences, which provide knowledge comparable to that normally
acquired through the successful completion of the 4-year course of
study in the field of child or youth development or ECE.
(ii) Knowledge of early childhood or youth education principles,
concepts, and techniques to develop, interpret, monitor, and evaluate
the execution of curriculum and age-appropriate activities.
(iii) Knowledge of adult learning techniques and strategies and
experience training adult learners.
(iv) Ability to support DoD certification, accreditation, and staff
credentialing (Child Development Associate (CDA), Associate of Arts
(AA) Degree) by ensuring that required training is administered and
successfully accomplished to meet statutory and program requirements.
(4) FCC Administrators. FCC administrators shall have at a minimum:
(i) A baccalaureate degree with a major course of study directly
related to child or youth development, family studies, or an equivalent
field of study from an accredited university; or
(ii) A combination of education and experiences, which provide
knowledge comparable to that normally acquired through the successful
completion of the 4-year course of study in the field of child or youth
development or family studies.
(5) CDP Direct Care Personnel, Support Staff, and FCC Providers.
CDP direct care personnel and support staff, as a condition of
employment, and FCC providers shall, as a condition of participation:
(i) Be at least 18 years of age.
(ii) Hold a high school diploma or equivalent.
(iii) Read, speak, and write English.
(iv) Successfully pass a pre-employment physical, maintain current
immunizations and be physically and behaviorally capable of performing
the duties of the job.
(e) Training. Each CDP must have a DoD Component-approved training
program. Satisfactory completion of training is a condition of
employment for staff in a center-based program and for providers
offering care in FCC homes.
(1) CDP Management Personnel. CDP management personnel, including
CDP directors (CDC directors, FCC administrators, and SAC directors),
shall receive annual training, which includes the following topics:
(i) Child abuse prevention, identification, and reporting.
[[Page 28418]]
(ii) Program administration, including APF and NAF financial
management, funding metrics, and fiscal accountability.
(iii) Staff development and personnel management.
(iv) Prevention of illness and injury and promotion of health.
(v) Emergency procedures and preparedness.
(vi) Working with children with special needs.
(vii) Developmentally appropriate practices.
(2) Training and Curriculum Specialists. Training and curriculum
specialists shall receive annual training, to include the following
topics:
(i) Child abuse prevention, identification, and reporting.
(ii) Developmentally appropriate practices.
(iii) Principles of adult learning.
(iv) Prevention of illness and injury and promotion of health.
(v) Emergency procedures.
(vi) Working with children with special needs.
(3) CDP Direct Care Personnel and FCC Providers.
(i) Training requirements for direct care personnel (excluding FCC
providers) shall be linked to the DoD CDP Employee Wage Plan
implemented in response to 10 U.S.C. 1783, and 1791 through 1800 to
include completion of the DoD-approved competency based training
modules within DoD Component specified time frames.
(ii) All newly hired CDP direct care personnel and FCC providers
shall complete 40 hours of orientation. Orientation shall begin prior
to working with children, with the full 40 hours completed within the
first 90 days of employment. Orientation completion shall be documented
for each direct care personnel or FCC provider. Orientation includes:
(A) Working with children of different ages, including
developmentally appropriate activities and environmental observations.
(B) Age-appropriate guidance and discipline techniques.
(C) Applicable regulations, policies, and procedures.
(D) Child safety and fire prevention.
(E) Child abuse prevention, identification, and reporting.
(F) Parent and family relations.
(G) Health and sanitation procedures, including blood-borne
pathogens, occupational health hazards for direct care personnel, and
recognizing symptoms of illness.
(H) Emergency health and safety procedures, including pediatric
cardiopulmonary resuscitation (CPR) and first aid.
(I) Safe infant sleep practices and Sudden Infant Death Syndrome
(SIDS) prevention.
(J) Nutrition, obesity prevention, and meal service.
(K) Working with children with special needs.
(L) Accountability and child supervision training.
(M) For FCC providers only, infant and child (pediatric) CPR and
first aid must be completed prior to accepting children for care.
Training shall be updated as necessary to maintain current
certifications.
(N) For FCC providers only, training in business operations.
(iii) CDP direct care personnel and FCC providers shall complete
additional training specified by the DoD Component within 90 days of
beginning work. The training shall include, at a minimum, in-depth
training on the subjects covered in the orientation as well as infant
and child (pediatric) CPR and first aid, which shall be updated as
necessary to maintain current certifications.
(iv) CDP direct care personnel and FCC providers shall complete a
minimum of 24 hours per year of ongoing training by the DoD Component
approved training program. Training shall include child abuse
prevention, identification and reporting, safe infant sleep practices
and SIDS prevention, working with children with special needs, and if
required, administering medication.
(v) Substitute FCC providers must complete a basic orientation and
background checks prior to providing care. Such orientation includes
child abuse prevention, identification and reporting, working with
children with special needs, safety procedures and pediatric CPR and
first aid, and SIDS prevention. The FCC provider's spouse may serve as
a backup provider on a limited basis, as designated by the DoD
Component and must complete the required substitute FCC provider
training.
(4) CDP Support Staff. CDP support staff shall participate in
annual training related to the latest techniques and procedures in
child care, including topics on child abuse prevention, identification
and reporting, and other training related to their position.
(f) Volunteers. All volunteers shall be screened, trained, and
supervised in accordance with DoD Instruction 1402.5 and 32 CFR part
86; and DoD Instruction 1100.21, ``Voluntary Services in the Department
of Defense'' (see http://www.dtic.mil/whs/directives/corres/pdf/110021p.pdf) and DoD Component implementing guidance, as appropriate to
their role. Volunteers may not be alone with children and are not
counted in the staff ratio. All regularly scheduled volunteers shall be
trained in:
(1) Program orientation.
(2) Age-appropriate learning activities.
(3) Child abuse identification, reporting and prevention.
(4) Age-appropriate guidance and discipline.
(5) Working with children with special needs.
(6) Child health and safety.
(7) Safe infant sleep practices and SIDS prevention.
(8) Emergency procedures.
(9) Applicable regulations and installation policy.
(10) Role of the volunteer in the CDP.
(g) Supplemental Child Care. On-site group care services are
designed to provide occasional, intermittent care to children on an
hourly basis, including respite child care.
(1) When on-site group care is provided in an installation CDP
facility by CDP staff members, the requirements of this part apply.
(2) When on-site group care is provided in a non-CDP facility by
CDP personnel and parents are not on site, the requirements of this
part apply.
(3) When on-site group care is provided in a non-CDP facility by
CDP personnel and parents remain on site, the facility is not required
to meet the requirements of this part.
(4) When on-site group care is provided in an alternative facility
by volunteers or parents, and the parent or guardian remain on site,
the requirements of this part do not apply.
(h) Administration and Oversight of Community-Based Care Providers.
(1) Types of Care. Efforts shall be made to expand the availability
of these programs through referrals to comparable programs off of the
installation through participation in consortiums with other Federal
and non-governmental entities.
(i) Efforts shall be made to ensure quality, affordable child care
options exist for all eligible patrons, including those who are
geographically dispersed active duty military and their families.
Community-based child care options are designed to supplement, not
replace, child care programs on the installation.
(ii) Care may be delivered through military-approved community-
based CDPs, utilizing a myriad of delivery systems, including existing
child care facilities, schools, recreation and after-school and summer
programs, and home-based care programs.
(iii) Programs that support the needs of eligible deployed families
in military-
[[Page 28419]]
approved community-based child care programs where care is needed for a
short-term basis during the deployment phase must meet the State
licensing regulations and requirements and be inspected by an outside
agency once a year. All other types of care must meet the intent of
this part.
(iv) Programs shall meet State licensing standards for background
checks.
(v) Military-approved community-based child care programs will be
encouraged to participate in an evaluation process utilizing the ERIS
in this section, a detailed assessment tool developed by the DoD to
evaluate facility-based child care providers.
(2) Subsidies.
(i) The DoD Components may subsidize a portion of the cost of child
care incurred by eligible active duty and DoD civilian employees.
(ii) Subsidies resulting from the child care provided to children
of active duty military members are excluded from gross income pursuant
to 26 U.S.C. 134.
(iii) Subsidies provided to DoD civilian employees may qualify for
exclusion from gross income, provided the specific program used
qualifies under 26 U.S.C. 129(d) and the employee receives the subsidy
for an eligible purpose on behalf of an eligible child as described in
26 U.S.C. 21(a) and 21(b). Subsidies in excess of the excludable
amounts will be treated as gross income under 26 U.S.C. 61. Employees
are advised to consult with a qualified tax expert with questions or
concerns related to taxability of child care subsidies.
(iv) Child care programs and providers who offer their services
under this provision must comply with the standards outlined in this
part and must be approved by the plan administrator or designee prior
to issuance of subsidy payments by a DoD Component.
(v) The DoD Components are responsible for budgeting for child care
subsidies and are not to establish a special fund out of which child
care subsidies are paid, nor will eligible users of Military Child
Development Programs be required to make a contribution as a condition
of receiving a child care subsidy.
(vi) The DoD Components have the discretion to amend or terminate
their participation in a child care subsidy program under this plan at
any time. The benefits in this section are not guaranteed and may be
reduced by plan amendment.
(vii) The OFP/CY will designate a TPA to administer the Military
Department, Defense Agency, and DoD Field Activity civilian child care
subsidy program for all DoD Components. Each civilian sponsor must
register with the TPA contracted by the Defense Department.
(A) The TPA shall annually document family and provider
eligibility, TFI, child data, and other information required to comply
with reporting requirements, in accordance with 26 U.S.C. 21(a), 21(b),
61, 129, and 134.
(B) The TPA shall provide authorization and payment of child care
subsidies to the provider. All subsidy payments shall be made to the
child care provider.
(C) The TPA shall comply with fee assistance guidelines established
by the individual DoD Components.
(i) Augmented Program Support. When possible, CDPs should utilize
personnel, such as behavioral health consultants and school liaison
officers to assist the program staff and parents with children's
social-emotional development and behavior. These personnel shall assist
staff, parents, and children in developing skills to respond to
challenging behaviors and reduce stress for staff and participating
children.
(j) CDC and SAC Standards of Operation, FCC Standards of Operation,
and the ERIS.
(1) Table 1 outlines the minimum operational standards required for
installation-based CDCs and SACs to receive the DoD Certificate to
Operate. These standards implement the policy requirements of
paragraphs (a), (c)-(f), and (i) of this section. When a SAC program
operates within a CDC, SAC standards of operation shall be used for the
SAC portion of the program.
(2) Table 2 outlines the minimum operational standards required for
installation-based and affiliated FCC providers to receive the DoD
Certificate to Operate. These standards implement the policy
requirements outlined in the body of this part.
(3) Table 3 outlines the operational standards for community-based
child care facilities. These standards, in addition to the state
licensing requirements, may be used to determine eligibility of child
care subsidies under conditions designated by the DoD Components.
Programs eligible to receive child care subsidies when the Service
member is deployed must meet the state licensing requirements and be
annually inspected.
Table 1--CDC and School-Age Programs Standards of Operations
------------------------------------------------------------------------
-------------------------------------------------------------------------
A. Administrative
------------------------------------------------------------------------
Both CDC and SAC
------------------------------------------------------------------------
The program has implemented the fee policy in accordance with current
DoD and DoD Component guidance. If appropriate, the program has an
approved waiver to utilize the high cost fee option.
75 percent of the program's total labor hours are paid to direct program
staff who are in benefit status.
Unannounced inspections are conducted by program staff following
complaints.
------------------------------------------------------------------------
B. Facility
------------------------------------------------------------------------
Facility: Both CDC and SAC
------------------------------------------------------------------------
The DoD Certificate to Operate is displayed in a prominent location.
Newly constructed CDP facilities follow the UFC or Service guidance for
program capacity and capability.
The facility food service area supports the sanitary preparation and
service of healthy foods.
All playgrounds, playground surfaces, and equipment meet American
Society for Testing and Materials and Consumer Product Safety
Commission (CPSC) guidelines.
There is a balance of sun and shade on the playground and a variety of
surfaces, such as resilient surfaces, and natural elements. CDC
playgrounds include equipment for riding, climbing, balancing, and
swinging.
The program provides opportunities for active play every day, indoors
and outdoors. Children have ample opportunity to do vigorous activities
such as running, climbing, dancing, skipping, and jumping.
Programs use gardens to educate children about healthy eating.
The square footage of useable space for each child in each activity room
meets the requirements of the UFC or Service-specific guidelines.
[[Page 28420]]
Sound absorbing materials, such as ceiling tiles and rugs are used to
minimize noise levels.
Areas used by children have adequate lighting for safety, evacuation,
and security measures, are ventilated and kept at a comfortable
temperature.
There is adequate and convenient storage space for equipment and
materials.
Individual space is provided for each child's belongings.
Supervised private areas where children can play or work alone or with a
friend are available indoors and outdoors.
Bathrooms, drinking water, and hand-washing facilities are easily
accessible to children.
Clean, sanitary drinking water is readily available at all times.
The facility includes a place for adults to take a break away from
children, an adult bathroom, a secure place for staff to store their
personal belongings, and an administrative area for planning or
preparing materials that is separated from the children's areas.
The facility includes soft elements that help create a home-like
environment.
------------------------------------------------------------------------
Facility: CDC ONLY
------------------------------------------------------------------------
The square footage of activity space per child meets the requirements of
the UFC or Service specifications for facilities built after 2002. A
minimum of 50 square feet per child of activity space is provided for
infants in facilities built prior to 2002.
If more than one care group occupies a single room, each group has its
own defined physical space and primary interest centers.
Outdoor play areas directly adjoin CDCs. Playgrounds for alternative
program options must be accessible via a route free from hazards and
are located within 1/8 mile from the facility.
Playgrounds are enclosed by a fence and meet the requirements of the
UFC.
The square footage of playground space per child meets the requirements
of the UFC or Service specific guidelines. The playground area is
capable of supporting 30 percent of the total capacity of the CDC in a
center of 100 or more children, and all the children in centers with a
capacity of fewer than 100 children.
The facility has a designated place set aside for breastfeeding mothers
who want to come during work to breastfeed, as well as a private area
with an outlet (not a bathroom) for mothers to pump their breast milk.
------------------------------------------------------------------------
Facility: SAC ONLY
------------------------------------------------------------------------
There are separate male and female bathrooms for children as well as
separate multi-unit restrooms for staff and visitors or a system to
ensure that adults and teens do not use the bathrooms at the same time
as children in SAC.
------------------------------------------------------------------------
C. Health and Sanitation
------------------------------------------------------------------------
Health and Sanitation: Both CDC and SAC
------------------------------------------------------------------------
A comprehensive health and sanitation inspection has been conducted
within the last 12 months, corrective actions have been completed per
specified timelines, and the inspection report is available for review.
The program shall require that all children enrolling in CDPs provide
written documentation of immunizations appropriate for the child's age
in accordance with Army Standard for Child Development Center. Children
enrolled in the SAC program are not required to provide documentation
if they are enrolled in a local public school system.
Staff employed by the CDP and regular volunteers shall be current for
all immunizations recommended for adults by the ACIP of the Centers for
Disease Control and Prevention. All must provide written documentation
of immunization.
There is a policy in place that addresses the daily informal screening
for illness based on criteria established by the DoD Component. This
policy also addresses admission back into the CDP after an illness.
There is a policy in place that addresses food or other allergies,
special accommodations, or potentially life-threatening conditions.
Individual medical problems and accidents are recorded and reported to
management staff and families, and a written record is kept of such
incidents.
Only physician-prescribed medications are administered; medications are
only given with the written approval of the child's parents; and
medications given are documented.
Providers have documented parental permission to apply basic topical
care items such as sunscreen, insect repellant, and lotion.
A plan exists for dealing with medical emergencies that include written
parental consent forms, and transportation arrangements approved by the
DoD Component.
Policies and procedures are followed for administering and storing
medication. Designated staff are trained to administer medications, and
the training is updated annually or as required by state laws.
The facility is cleaned daily, and as needed throughout the day. Food
preparation areas, bathrooms, diapering areas, hand-washing facilities,
and drinking fountains are sanitary.
A sink with running water at a comfortable temperature of no more than
110 degrees temperature is very close to bathrooms and diapering areas.
Staff and children wash hands before and after eating, after toileting
and diapering, after handling animals, after entering the facility from
outdoors, before water play, after wiping their nose, and after any
other activity when the hands become contaminated. Signs are posted
reminding staff and children of proper hand-washing procedures.
Staff and volunteers follow universal precautions to prevent
transmission of blood-borne diseases and the program has a blood-borne
pathogen procedure, as required by the Occupational Safety and Health
Administration (OSHA).
The program requires parents to provide proper attire for active play
indoors and outdoors.
At least one staff member, who has certification in first aid treatment,
including CPR for infants and children and emergency management of
choking, is always present. Current certificates are kept on file.
------------------------------------------------------------------------
Health and Sanitation: CDC ONLY
------------------------------------------------------------------------
Infant equipment is washed and disinfected at least daily. Toys that are
mouthed are removed immediately after mouthing and are washed and
sanitized prior to being used by another child.
Individual bedding is washed at least once a week and used by only one
child between washings. Individual cribs, cots, and mats are washed if
soiled.
Diapering procedures are in accordance with national recommendations and
are posted in diapering areas.
[[Page 28421]]
Sinks used for diapering are not co-located with food service areas or
the sink used for dishwashing.
------------------------------------------------------------------------
D. Fire and Safety
------------------------------------------------------------------------
Fire and Safety: Both CDC and SAC
------------------------------------------------------------------------
Comprehensive fire and safety inspections have been completed within the
last 12 months, corrective actions have been completed per specified
timelines, and the inspection reports are available for review.
A safety walk-through of all play areas is conducted daily. Safety
concerns are identified, documented, and corrected immediately or put
off limits to children until they can be corrected.
The building, playground, and all equipment are maintained in safe,
clean condition, are in good repair, and there are no observable safety
hazards in the indoor and outdoor program space.
Stairways and ramps are well lighted and equipped with handrails, where
appropriate.
Fire extinguishers, smoke detectors, and carbon monoxide detectors,
where required, are in working order, and documentation shows status is
checked monthly.
Adequate first aid supplies are readily available and maintained. First
aid supplies are available during field trips and outings.
Toys and materials do not present a choking hazard for children under
age 3 years.
Chemicals and potentially dangerous products, such as medicine or
cleaning supplies, are stored in original, labeled containers in locked
cabinets inaccessible to children. Diluted bleach solution must be
accessible to staff in an unlocked location, but inaccessible to
children.
There is a written plan for reporting and managing emergencies,
including terrorist attacks, severe storm warnings, medical and
pandemic emergencies, or a lost or missing child, which includes
shelter in place and evacuation procedures. Staff and volunteers
understand the plan.
Evacuation drills are conducted monthly at different times of the day or
evening when children are in care. The drills are documented.
Emergency telephone numbers including police, fire, rescue, and poison
control services are posted by telephones and are available at all
times.
Staff and regular volunteers are familiar with primary and secondary
evacuation routes and practice evacuation procedures monthly with
children.
A system is in place to keep unauthorized people from taking children
from the program.
Smoking and use of tobacco is not permitted in the facility or in the
sight or presence of children.
------------------------------------------------------------------------
Fire and Safety: CDC ONLY
------------------------------------------------------------------------
Cribs meet the current CPSC guidelines.
CPSC crib safety guidelines are followed: infants are placed on their
backs for sleeping; soft cushions, such as pillows, comforters, thick
blankets, quilts, or bumper pads are not used in cribs.
------------------------------------------------------------------------
E. Parent Involvement/Participation
------------------------------------------------------------------------
Parent Involvement/Participation: Both CDC and SAC
------------------------------------------------------------------------
Parents have access to their children at all times, are helped to feel
welcome and comfortable, and are treated with respect.
Written information is available to families, including operating
policies and procedures, program philosophy, and a parent participation
plan.
Programs are encouraged to include the culture and language of the
families they serve. Families are encouraged to share their heritage
and culture.
Parents are offered a program orientation as a part of the child
enrollment process.
Parents are informed about the program and curriculum and about policy
or regulatory changes and other critical issues that could potentially
affect the program, through newsletters, bulletin boards, technology,
and other appropriate means.
Families are encouraged to participate in the planning and evaluation of
the CDC and SAC programs with regards to their child's care and
development. They are encouraged to be involved in the program in
various ways, taking into consideration working parents and those with
little spare time.
There is a parent board that meets on a scheduled basis through in-
person or virtual meetings. The board meets periodically to provide
opportunities for families to have input regarding policies,
procedures, and plans for meeting children's needs.
Staff work in collaborative partnerships with families, establishing and
maintaining daily or ongoing two-way communication with children's
parents to build trust, share changes in a child's physical or
emotional state regularly, facilitate smooth transitions for children,
and ensure that children's learning and developmental needs are met.
Policies ensure that staff and parents have an effective way of
negotiating difficulties and differences that arise in their
interactions.
Programs inform families on how to increase physical activity, improve
nutrition, and reduce screen time (TV, video games, computers, etc.).
The program provides information to parents to ensure that each child
has routine health assessment by the child's primary care provider,
according to standards of the AAP, to include evaluation for nutrition-
related medical problems.
------------------------------------------------------------------------
Parent Involvement/Participation: CDC ONLY
------------------------------------------------------------------------
Conferences are held at least once per year and at other times, as
needed, to discuss children's progress, accomplishments, and
difficulties at home and at the program.
------------------------------------------------------------------------
F. Learning Activities and Interaction with Children
------------------------------------------------------------------------
Both CDC and SAC
------------------------------------------------------------------------
Learning activities reflect the program's written statement of its
philosophy and goals for children. This statement is available to all
staff and families.
The program is designed to reasonably accommodate and be inclusive of
all children, including those with identified disabilities as well as
special learning, medical, and developmental needs.
Programs have established a planned program of developmentally
appropriate activities that recognizes the individual differences of
children and provides an environment that encourages children's self-
confidence, self-help, life skills, curiosity, creativity, and self-
discipline.
Staff include age-appropriate nutrition education activities in the
curriculum.
[[Page 28422]]
The daily schedule provides a balance of activities in consideration of
the child's daily routine and experience.
Staff are engaged and interact frequently with children, speaking in a
friendly, positive, and courteous manner, respectful of gender, race,
religion, family background, special needs, and culture. The physical
environment supports these interactions.
Staff conduct smooth and unregimented transitions between activities and
are flexible in changing planned or routine activities, as appropriate.
Infants and toddlers are not expected to function in large group
activities.
Staff use a variety of teaching strategies to enhance children's
learning and development throughout the day.
Staff addresses bullying and supports positive behavior by modeling
appropriate behavior, responding consistently to issues, and
encouraging children to resolve their own conflicts, when possible and
appropriate.
The outdoor environment meets the needs of children, allows them to be
independent and creative, and have access to a variety of age-
appropriate outdoor equipment and games. Staff plan and participate in
children's active play.
Program materials are in good condition, sufficient for the number of
children in the program, developmentally appropriate for the age of the
children, and appropriate to the activities offered.
Screen time and the use of passive media is limited and developmentally
appropriate. Media viewing and computer use is not permitted for
children younger than 2 years.
------------------------------------------------------------------------
CDC Only
------------------------------------------------------------------------
There is a DoD Component-approved curriculum that supports school
readiness. It is based on knowledge of child and youth development and
learning, and assessment of individual needs and interests.
Developmentally appropriate activities emphasize concrete experiential
learning and promote development in six developmental domains: social,
physical, language and literacy, cognitive and intellectual, emotional,
and cultural.
Individual observations of children's development and learning are
written, compiled, assessed, and are used as a basis for planning
appropriate learning activities.
Staff plan with families to make toileting, feeding, and the development
of other self-regulation skills a positive experience for children.
------------------------------------------------------------------------
SAC Only
------------------------------------------------------------------------
Developmentally appropriate activities encourage physical fitness;
positive self-esteem; intellectual, social, and physical achievement;
leadership skills and initiative; lifelong recreation skill; positive
use of leisure time; moral development and community leadership; self-
reliance and independence; and respect for diversity.
SAC daily schedules are flexible, provide stability without being rigid,
allow youth to
meet their physical needs (e.g., water, food, restrooms) in a relaxed
way, allow children to move smoothly from one activity to another
(usually at their own pace), and facilitate smooth transitions when it
is necessary for children to move as a group.
Appropriate protected internet access and programs that teach technology
are available.
------------------------------------------------------------------------
G. Nutrition and Food Service
------------------------------------------------------------------------
Both CDC and SAC
------------------------------------------------------------------------
Meals and snacks are a pleasant, social learning experience for
children.
The DoD Components will establish policies that are consistent with USDA
guidelines for meals provided by parents. Under limited circumstances
when meals are provided by parents, food storage and handling
procedures are approved by local health and sanitation authorities.
Unless documented circumstances approved by the DoD Component prevent
enrollment, all programs must enroll in the USDA CACFP (United States
Department of Agriculture Child and Adult Care Food Program).
Dietary modifications are made on the basis of recommendations by the
child's primary medical care provider and are documented. Documentation
is available for religious and medical dietary substitutions. Menus
contain some vegetarian meals.
The program provides or posts menus showing all foods to be served
during that month. Core and cyclical menus are approved by a
nutritionist or registered dietician. Foods typical of the child's
culture and religious preferences, as well as a variety of healthful
foods that may not be familiar to the child, are included.
The program provides healthy meals and snacks that include restrictions
on the provision of juice and beverages with added sweeteners and no
fried, high-fat, or highly salted foods.
Meals and snacks are conducted using family-style dining. In SAC
programs, snacks may be served buffet style.
------------------------------------------------------------------------
CDC Only
------------------------------------------------------------------------
The program encourages, provides arrangements for, and supports
breastfeeding.
There is an accountability system in place for bottles, including
bottles for breast milk. Bottle-feeding is done in such a way as to
minimize disease and promote interaction. Infants are held for bottle-
feeding, bottles are never propped, never heated in a crock pot or
microwave, and infants are never put to sleep with a bottle.
One adult should not feed more than one infant for bottle feeding, two
children in high chairs, or three children who need assistance with
feeding at the same time.
------------------------------------------------------------------------
H. Supervision of Children
------------------------------------------------------------------------
Both CDC and SAC
------------------------------------------------------------------------
The following staffing requirements are met at all times, except during
nap time (for CDC):
a. For infants from birth to 12 months, there are never more than
four children per staff member.
b. For pre-toddlers 13 months to 24 months, there are never more
than five children per staff member.
c. For toddlers, 25 months to 36 months, there are never more than
seven children per staff member.
d. For children 37 months through 5 years, there are never more than
twelve children per staff member.
e. For children 6 years through 12 years, there are never more than
fifteen children per staff member.
During rest time, the staff-to-child ratios for children over 24 months
of age may increase to twice the non-napping staff-to-child ratio.
Sufficient staff are required to remain in the building during rest
time to meet the non-napping ratios and be available to assist with
emergencies.
[[Page 28423]]
The following maximum group sizes are followed at all times:
a. For infants birth to 12 months, there are never more than eight
children per group.
b. For pre-toddlers 13 months to 24 months, there are never more
than ten children per group.
c. For toddlers, 25 to 36 months, there are never more than fourteen
children per group.
d. For children thirty-seven months through five years, there are
never more than twenty-four children per group.
e. For SAC, there are never more than thirty children per group.
In multi-age groupings, the Service may follow the ratio per age group.
For example, four infants and five pre-toddlers equal a group of nine
with two direct care personnel, or seven toddlers and twelve
preschoolers equal a group of nineteen with two direct care personnel.
Volunteers or persons under 18 years of age may not be counted in
determining compliance with staff-to-child ratios and are not allowed
to work alone with children.
The program has an accountability system in place. Each staff member has
primary responsibility and accountability for a group of children.
There is specific accountability for each child by one staff member.
Systems are in place for accounting for children's whereabouts,
especially during periods of transition and emergencies.
Children are released only to their parents or guardian. Children may be
released to a designee when signed permission is given by the parent or
guardian.
Families are notified about procedures and policies for field trips.
Families are notified of all activities outside the center.
Children are under adult supervision at all times. Staff are not
permitted to use personal electronic devices (including, but not
limited to cell phones, iPods, smart phones, etc.) when supervising
children.
------------------------------------------------------------------------
CDC Only
------------------------------------------------------------------------
At least two staff members must be present with each group of children
at all times. When one staff person is alone with a single ratio of
children, the program director or designee frequently monitors the room
through closed circuit television or visual access panels to ensure
oversight by more than one adult. In this case, the staff member must
have an initiated National Agency Check Investigation (NACI) and the
program director or designee must have a completed NACI.
Infants and toddlers spend the majority of the time interacting with
staff who have primary responsibility for them each day.
------------------------------------------------------------------------
SAC Only
------------------------------------------------------------------------
At least two paid staff members shall be present whenever children are
in the facility.
Adult volunteers may supplement paid staff during field trips and other
activities away from the facility. Only paid staff are counted in the
ratio.
Signed permission is given by the parent allowing the child to self-
release for a specific organized activity. Self-release procedures are
consistent with the installation home alone policy or self-care policy.
------------------------------------------------------------------------
I. Child Abuse Prevention and Reporting
------------------------------------------------------------------------
Both CDC and SAC
------------------------------------------------------------------------
A NACI to include a name-based criminal history record check (State and
Federal) and fingerprint check has been initiated on all staff.
Background checks are tracked to ensure completion in a timely manner.
All individuals in a CDP who have contact with children have completed a
DD Form X656 ``Basic Criminal History and Statement of Admission''
Updates to the background checks are completed every five years.
Newly hired staff without a completed background check are readily
identifiable and work within line of sight of a staff member with a
completed check.
Hiring practices include careful checking of references of all potential
employees and volunteers.
The program has a written guidance, discipline, and touch policy that is
available to staff and families. Staff do not use corporal punishment
or other negative discipline methods that hurt, humiliate, or frighten
children.
The program has a child abuse and neglect policy that includes reporting
requirements for staff as well as procedures to be followed should a
staff member be accused of abuse or neglect. This information is
included in employee handbooks. All staff are knowledgeable of the
policy.
The DoD Child Abuse and Safety Hotline telephone number is displayed in
a highly visible area where parents can see it. The telephone number is
published in parent handbooks and other brochures.
The facility is designed in accordance with the Unified Facilities
Criteria (UFC) 4-740-14, ``Design: Child Development Centers,'' to help
minimize the risk of child abuse:
a. Access to children by those not employed by the program is
restricted.
b. Areas to which a child or children can be taken out of view of
others are limited.
c. All exit doors that do not open onto a fenced area have operating
alarms, except the main entrance to the facility and the kitchen
entrance.
d. Evening or weekend care is provided in rooms located near the
front entryway to facilitate additional supervision by the front
desk staff and parents.
e. In the CDC:
1) Children can be observed at all times by parents and
supervisors.
2) There is visual access into and throughout activity rooms
used for care, including nap time. Closed-circuit television,
vision panels, and convex mirrors are used as necessary to
facilitate visual access.
3) Diapering areas are visible.
All persons other than employees and family members bringing in or
picking up children sign in and out at the front desk or with
appropriate personnel. Visitors to the CDP shall sign in and out of the
facility and wear a visitors badge at all times while they are in the
facility or on playgrounds.
If transportation is provided for children by the program, vehicles are
equipped with age-appropriate restraint devices in accordance with
State and Federal requirements. The program maintains documentation
that vehicles used in transporting children are appropriately licensed,
inspected, and maintained. A current copy of the appropriate driver's
license and Department of Motor Vehicles driving record is on file for
staff members who transport children.
In SAC programs, a procedure for accountability when a child fails to
show for the program is in place and followed.
------------------------------------------------------------------------
[[Page 28424]]
Table 2--FCC Standards of Operation
------------------------------------------------------------------------
-------------------------------------------------------------------------
A. Administrative
------------------------------------------------------------------------
The installation regulates FCC in accordance with DoD Component
requirements, ensuring care is not permitted unless subject to
inspection and approval.
Processes are in place to support recruitment and retention of FCC
providers.
Unannounced inspections are conducted by program staff following
complaints.
------------------------------------------------------------------------
B. Home
------------------------------------------------------------------------
Where applicable, the DoD Component has a process to register and
certify homes located off the installation or in privatized government
housing.
The Certificate to Operate, issued by the DoD Component or designee, is
displayed in a prominent location.
Providers can demonstrate proof of current liability insurance.
There is a signed contract between each family and provider. Parents are
informed of changes in the provider's household composition.
Children are cared for by the provider or an approved substitute.
Parents and the FCC administrator are informed when a substitute
provider will be caring for their children. Civilian members of the
provider's household providing care as a substitute must be approved
and trained. Active duty Military Service members may serve as
substitute providers only under circumstances approved by the DoD
component.
There is adequate space indoors and outdoors in the home for the number
of children in care to play, rest, and eat.
------------------------------------------------------------------------
C. Health and Sanitation
------------------------------------------------------------------------
On installations, comprehensive fire, safety, and sanitation inspections
have been completed within the last 12 months, and the inspection
reports are available for review.
The provider notifies parents and FCC of medical emergencies,
communicable diseases or illness of the children, the provider, or the
provider's family member(s). Health consultants will be informed based
on installation policy.
Children are informally screened daily for illness based on criteria
established by the DoD Component. Children are readmitted after illness
only when their presence no longer endangers the health of other
children.
Only physician-prescribed medications are administered; medications are
only given with the written approval of the child's parents; and
medications given are documented.
Providers have documented parental permission to apply basic topical
care items such as sunscreen, insect repellant, and lotion.
Procedures for diapering, hand washing, and toileting are followed in
accordance with national recommendations.
Providers follow universal precautions to prevent transmission of blood-
borne diseases, and the provider has a blood-borne pathogen procedure,
as required by OSHA.
Providers and children wash hands before and after eating, after
toileting and diapering, after handling animals, after entering the
home from outdoors, before water play, after wiping their nose, and
after any other activity when the hands become contaminated. Signs are
posted reminding providers and children of proper hand-washing
procedures.
Homes are maintained in a sanitary manner.
Individual bedding is washed at least once a week and used by only one
child between washings. Individual cribs, cots, and mats are washed if
soiled.
Infant equipment is washed and disinfected at least daily. Toys that are
mouthed are removed immediately after mouthing and are washed and
sanitized prior to being used by another child.
All windows used for ventilation are properly screened.
Providers do not consume alcohol while children are in care.
Smoking is not permitted in the home or outdoor area while children are
in care.
------------------------------------------------------------------------
D. Fire and Safety
------------------------------------------------------------------------
There are policies in place to ensure the home operates to protect
children against the risk of fire and safety hazards.
There is a policy to keep children protected from hazards stemming from
poisoning, toxic materials, electrical shock, standing water, unsafe
playground equipment, and strangulation.
There is a written plan for reporting and managing emergencies,
including terrorist attacks, severe storm warnings, medical and
pandemic emergencies, or a lost or missing child, which includes
shelter in place and evacuation procedures. Providers and volunteers
understand the plan.
First aid supplies are readily available for emergencies and maintained.
Evacuation drills are conducted monthly at different times of the day or
evening when children are in care. The drills are documented.
There is a working landline or cellular phone within the home. Emergency
telephone numbers including police, fire, rescue, and poison control
services, and instructions are accessible or kept with the
telephone(s).
Providers use safety gates to prevent children from falls. Door locks
that can entrap children inside a bathroom or bedroom may be opened
from the outside.
If there are firearms in the home, the ammunition must be removed from
the firearm. Firearms and ammunition are stored separately in locked
cabinets that are inaccessible to children.
Young infants are placed on their backs for sleeping to lower the risk
of SIDS. Soft cushions, pillows, thick blankets, and comforters are not
used in cribs.
Providers shall not permit children to sleep in family beds unless a
separate bed is designated for the child and clean linens are provided.
Cribs meet CPSC guidelines. The sides of infants' cribs shall be in a
locked position when cribs are occupied and do not present a
strangulation or entrapment hazard.
Providers inform parents if they will be taking children from the home
while they are in care.
If transportation is provided for children by the provider, age-
appropriate restraint devices are used, and appropriate safety
precautions are taken.
A current copy of the driver's license and proof of insurance is on file
for providers who transport children.
------------------------------------------------------------------------
E. Parent Involvement/Participation
------------------------------------------------------------------------
Parents are given access to the home at all times when their children
are present.
[[Page 28425]]
Parents are provided with a copy of policies governing FCC.
The provider communicates regularly with parents and recognizes them as
partners in the care of children, and there is a prominent place to
display information for parents.
Parents are provided with information about the importance of routine
health supervision by the child's primary care provider, according to
standards of the AAP, to include evaluation for nutrition-related
medical problems.
------------------------------------------------------------------------
F. Learning Activities and Interaction with Children
------------------------------------------------------------------------
Activities and experiences are provided daily that enhance children's
physical, social, emotional, and cognitive development.
Activities include age-appropriate nutrition education.
There are enough toys and materials, home-made or purchased, to engage
all the children in developmentally appropriate ways.
Toys, materials, and equipment are in good repair and are arranged so
children are able to select and put toys and materials away with little
or no assistance.
A variety of daily activities is planned for indoors and outdoors. There
is a balance between child-initiated and adult-directed activities. A
daily schedule of activities is posted for parents to see.
The provider plans and participates in children's active play.
The provider interacts frequently with the children and shows them
affection and respect. The provider speaks to children in a friendly,
courteous manner.
Children's routines are handled in a relaxed and individualized manner
that promotes respect and opportunities to develop self-esteem, self-
discipline, and learning by doing.
Screen time (e.g., non-active video games) and the use of passive media,
(e.g., television, audio tapes), are limited and developmentally
appropriate. Media viewing and computer use are not permitted for
children younger than 2 years.
The provider observes and evaluates each child's growth and development
for program planning.
------------------------------------------------------------------------
G. Nutrition and Meal Service
------------------------------------------------------------------------
Unless documented circumstances prevent enrollment, providers are
offered the opportunity to enroll in the USDA CACFP and all meals and
snacks are prepared, handled, transported, and served according to USDA
CACFP guidelines found in 7 CFR part 226.
Providers develop written menus showing all foods to be served during
that month, and the menus are available to parents and guardians. Menus
are posted for meals and snacks.
Dietary modifications are made on the basis of recommendations by the
child's primary care provider and are documented. Documentation is
available for religious and medical dietary substitutions. Menus
contain some vegetarian meals.
Meals and snacks include restrictions on the provision of juice and
beverages with added sweeteners and limited high-fat and salted foods.
Food is prepared, served and stored in a sanitary manner. If meals are
provided by parents, food storage and handling procedures are approved
by local health and sanitation authorities.
All children present are served meals or snacks. Meals and snacks for
toddlers, preschool, and school-age children use family-style dining.
Bottle-feeding is done in such a way as to minimize disease and promote
interaction. Infants are held for bottle-feeding. Bottles are never
propped, never heated in a crock pot or microwave, and infants are
never put to sleep with a bottle.
There is an accountability system in place for bottles, including
bottles for breast milk.
The provider encourages, provides arrangements for, and supports
breastfeeding. There is an accountability system in place for bottles.
------------------------------------------------------------------------
H. Supervision of Children
------------------------------------------------------------------------
The maximum group size in a home is six children per provider, including
the provider's own children under the age of eight.
a. When all children are under the age of two, the maximum group
size at any one time is three.
b. In mixed-age groups, the number of children under two years of
age is limited to two children.
c. When all children are school-age, the maximum group size is
eight.
Parents sign children in and out of the home on a daily basis. Children
are only released to persons that parents have authorized in writing.
Children may sign themselves out of the home consistent with the
installation home alone policy or self-care policy and parental
consent.
Providers supervise all children in care both inside and outdoors.
School-age children may be outside without direct supervision as long
as they are within sight or sound of the provider.
------------------------------------------------------------------------
I. Child Abuse Prevention and Reporting
------------------------------------------------------------------------
Providers, substitute providers, and individuals age 18 and older living
in the home, must complete a background check annually.
All individuals in a CDP who have contact with children have completed a
DD Form X656 ``Basic Criminal History and Statement of Admission''.
The DoD Child Abuse and Safety Hotline telephone number is displayed in
a highly visible area where parents can see it. The telephone number is
published in parent materials.
Children are never left alone with a visitor or another adult who is not
authorized to care for children.
There is a guidance policy in place, and providers do not use corporal
punishment or other negative discipline methods that hurt, humiliate,
or frighten children.
------------------------------------------------------------------------
Table 3--ERIS
------------------------------------------------------------------------
------------------------------------------------------------------------
Oversight
------------------------------------------------------------------------
The State Child Care Licensing/Regulating Agency conducts an annual on-
site inspection of the facility and program.
------------------------------------------------------------------------
SCR 01--Staff-Child Ratio/Group Size (SCR)
------------------------------------------------------------------------
Standard
------------------------------------------------------------------------
SCR 01.01......................... RATIO (number of children per child
care provider/staff). Ratios must
be equal to or lower than:
1:4 or less for infants (birth to
12 months).
[[Page 28426]]
1:5 or less for pre-toddlers (13-
24 months).
1:7 or less for toddlers (25-36
months).
1:12 or less for preschool (37
months-5 years).
1:15 or less for school age (6-12
years).
SCR 01.02......................... GROUP SIZE (the total number of
children within various age
groups). Group size must be equal
to or lower than:
Eight or less for infants (birth
to 12 months) with two caregiving
staff per eight infants.
Ten or less for pre-toddlers (13-
24 months) with two caregiving staff
per ten pre-toddlers.
Fourteen or less for toddlers (25-
36 months) with two caregiving staff
per fourteen toddlers.
Twenty four or less for preschool
(27 months-5 years) with two
caregiving staff per twenty four
preschoolers.
Twenty four/thirty or less for
school age (6-12 years) with two
caregiving staff per twenty four/
thirty school agers.
SCR 01.03......................... MULTI-AGE GROUPINGS (more than one
age group in a room). No more than
TWO AGE GROUPs may be combined
within 18 month range (THIS DOES
NOT APPLY TO SAC). Each age group
is represented by appropriate
ratio. Examples: two caregiving
staff: four infants and five pre-
toddlers; twp caregiving staff:
five pre-toddlers and seven
toddlers; two caregiving staff:
seven toddlers and twelve
preschoolers.
------------------------------------------------------------------------
BAC 02--Background Check/Child Abuse Prevention (BAC)
------------------------------------------------------------------------
Standard
------------------------------------------------------------------------
BAC 2.01.......................... Background checks are completed and
documented for each employee or
regular volunteer who is in contact
with children, including
management, administration,
classroom, support staff, and
individuals contracted for hire.
BAC 02.02......................... Background checks are renewed and
documented every 5 years for each
employee or regular volunteer who
is in contact with children,
including management and
administration, classroom staff,
and support staff.
BAC 02.03.a....................... Background checks include
documentation of State Criminal
History Repository completed for
all states that an employee or
prospective employee lists as
current and former residences, in
an employment application by using
fingerprints.
BAC 02.03.b....................... Background checks include
documentation of FBI fingerprint
check and name-based criminal
history records check of law
enforcement records completed for
any States lived in by applicant
during the past 5 years.
BAC 02.03.c....................... Background checks include
documentation of a review of the
State Child Abuse Registry.
BAC 02.03.d....................... Background checks include a review
of the State Sex Offender Registry.
BAC 02.04......................... Each employee and regular volunteer
is trained annually about child
abuse prevention, common symptoms,
and signs of child abuse.
BAC 02.05......................... All employees and regular volunteers
are trained annually on HOW to
report, WHERE to report, and WHEN
to report possible child abuse or
neglect.
------------------------------------------------------------------------
SR 03--Staff Requirements (SR)
------------------------------------------------------------------------
Standard
------------------------------------------------------------------------
SR 03.01.a........................ Director has a minimum of a
Bachelor's Degree (BA) in childhood
education, child development,
social work, nursing, or other
child-related field AND experience
working with the age groups
enrolled in the program.
In the event that the director does
not have a BA degree in those
areas, the director must have an AA
degree and must be working toward
the completion of a BA degree.
SR 03.01.b........................ The director is not responsible for
a classroom of children.
SR 03.02.......................... The direct care personnel are at
least 18 years old and have a high
school diploma or a graduation
equivalency diploma (GED).
------------------------------------------------------------------------
TRG 04--Training Requirements (TRG)
------------------------------------------------------------------------
Standard
------------------------------------------------------------------------
TRG 04.01......................... Orientation is provided for each
staff member and includes training
on the following: early childhood
development and education; child
abuse recognition, prevention, and
reporting; safety; first aid;
proper hygiene; and positive
guidance.
TRG 04.02.a....................... There is an annual training plan for
directors. Topics shall include,
but are not limited to:
Child abuse prevention and
positive guidance.
Universally accepted health and
safety practices to include hand
washing.
Emergency preparedness and
evacuation procedures.
Social and emotional needs of
children.
Developmentally appropriate
practices.
General management practices, such
as financial management, facility
management, staff development, and
working with parents.
Safe sleep practices.
TRG 04.02.b....................... There is an annual training plan for
staff that include topics such as:
Child abuse prevention and
positive guidance.
Universally accepted health and
safety practices to include hand
washing.
Social and emotional needs of
children.
[[Page 28427]]
Developmentally appropriate
practices.
TRG 04.03......................... Staff complete forty hours of
initial orientation training within
the first three months.
TRG 04.04......................... Staff are required to complete at
least 24 hours of training per
year.
TRG 04.05......................... At least one staff member certified
in emergency pediatric first aid
treatment, including CPR for
infants and children and emergency
management of choking, is present
in the facility during hours of
operation.
------------------------------------------------------------------------
IMM 05--Immunizations (IMM)
------------------------------------------------------------------------
Standard
------------------------------------------------------------------------
IMM 05.01......................... Children's records include EITHER:
Documentation of current age-
appropriate immunizations, as
recommended by the AAP; OR
A letter of exception on file and
a statement of medical religious
exception.
IMM 05.02......................... Staff files include a copy of a TB
screening. Also included is
documentation of a general health
assessment or a physical
examination completed during
employment in-processing.
Information is available at: http://www.cdc.gov/media/.
------------------------------------------------------------------------
SUP 06--Supervision/Guidance (SUP)
------------------------------------------------------------------------
Standard
------------------------------------------------------------------------
SUP 06.01.a....................... The written policies and practices
of the program specify that staff
supervise children at all times,
including nap times. No child is
left alone or unsupervised.
SUP 06.01.b....................... The written policies and practices
of the program specify that
children are released only to
persons listed on the child's
registration form or for whom the
parents have provided written
authorization.
SUP 06.01.c....................... The written policies and practices
of the program specify that parent,
or authorized adult, signs children
in and out upon arrival and
departure each day, and attendance
records are kept.
A system is in place for accounting
for school-age arriving from school
or other activities without the
parent (for example, children
transported to the program by a
school bus).
SUP 06.02......................... Organizational policy prohibits:
punishment by spanking or hitting
or other physical means, to include
corporal punishment; isolation from
adult sight; confinement, binding,
humiliation, or verbal abuse;
deprivation of food and water,
outdoor play or activities, or
other program components;
inappropriate touch; and punishment
for lapses in toilet training or
refusing food.
------------------------------------------------------------------------
DRL 07--Evacuation and Fire Drills (DRL)
------------------------------------------------------------------------
Standard
------------------------------------------------------------------------
DRL 07.01......................... The program has a written plan for
emergency evacuation (for example,
a plan for evacuating building
occupants in case of fire, tornado,
earthquake, hurricane, or other
disaster that could pose a health
and safety hazard).
DRL 07.02......................... Procedures are in place to ensure
all children in attendance are
accounted for during an evacuation
drill or event.
DRL 07.03......................... There is an automatic fire detection
and alarm system in place, and it
is operational.
DRL 07.04......................... A fire extinguisher is accessible
and in operating condition.
DRL 07.05......................... Fire and emergency evacuation drill
procedures are practiced at least
monthly.
------------------------------------------------------------------------
HWD 08--Hand Washing and Diapering (HWD)
------------------------------------------------------------------------
Standard
------------------------------------------------------------------------
HWD 08.01......................... Policies are in place to ensure
staff and children wash their hands
with soap and warm running water:
Before eating or food preparation.
After toileting or changing
diapers.
After handling animals, and after
any other activity when the hands
may become contaminated to include
returning from outside.
HWD 08.02......................... Toileting and diapering areas are
not located in food preparation
areas. The areas are in easily
visible locations and are sanitary.
------------------------------------------------------------------------
MED 09--Medication and Health (MED)
------------------------------------------------------------------------
Standard
------------------------------------------------------------------------
If the program does not administer
medications, proceed to 09.02.
MED 09.01.a....................... The program has a written policy and
clear procedures on administering
medicine, proper storage, and
labeling.
MED 09.01.b....................... If medication (prescription and/or
over-the-counter) is administered,
written parental permission is kept
on file and instructions from a
physician are required (``N/A'' is
allowed if no children currently
receive medication).
MED 09.01.c....................... Designated staff are trained to
administer the medicine, and the
training is updated annually.
MED 09.02......................... First aid kits are readily available
and maintained.
MED 09.03.a....................... Programs provide healthy meals and
snacks consistent the U.S. Dietary
Guidelines and are encouraged to
participate in the USDA CACFP.
MED 09.03.b....................... Programs are encouraged to limit
sugar-sweetened juices, beverages,
and snacks, and high-fat and high-
salt foods.
[[Page 28428]]
MED 09.04......................... Bottle-feeding is done in such a way
to minimize disease and promote
interaction. For example, infants
are held for bottle-feeding,
bottles are never propped, never
heated in a crock pot or microwave,
and infants are never put to sleep
with a bottle.
------------------------------------------------------------------------
EMG 10--Emergency Plan/Contact Information (EMG)
------------------------------------------------------------------------
Standard
------------------------------------------------------------------------
EMG 10.01.a....................... There is a written plan for
reporting and managing a lost or
missing child.
EMG 10.01.b....................... There is a written plan for
reporting and managing injuries
requiring medical or dental care,
including hospitalization or
serious injury.
EMG 10.01.c....................... There is a written plan for
reporting and managing abuse or
neglect of a child.
EMG 10.01.d....................... There is a written policy that
requires all parents to provide
emergency information to include:
Multiple contact phone numbers
(work, cellular, home).
Emergency contact phone numbers
(relatives or friends) authorized to
pick up the child if parent cannot
be reached.
The child's physician, dentist,
and emergency room preference.
------------------------------------------------------------------------
OUT 11--Outdoor Play Area (OUT)
------------------------------------------------------------------------
Standard
------------------------------------------------------------------------
OUT 11.01......................... The playground and all equipment are
maintained in safe, clean
condition, in good repair, and
there are no observable safety
hazards and no entrapment areas.
OUT 11.02......................... Playground equipment is surrounded
by resilient surfaces (e.g., fine,
loose sand, wood chips, wood mulch)
of an acceptable depth (9 inches)
or by rubber mats manufactured for
such use.
OUT 11.03......................... The playground equipment is arranged
to ensure that a child is visible
and supervision is maintained.
OUT 11.04......................... There is a plan to check and inspect
playgrounds on a weekly basis. Each
staff member is responsible for
immediately reporting hazards or
unsafe areas to the director.
------------------------------------------------------------------------
HAZ 12--Hazardous Materials and General Safety (HAZ)
------------------------------------------------------------------------
Standard
------------------------------------------------------------------------
HAZ 12.01......................... Accident protection and liability
insurance coverage are maintained
for children and adults.
HAZ 12.02......................... All chemicals and potentially
dangerous products, such as
medicine or cleaning supplies are
stored in original, labeled
containers in locked cabinets
inaccessible to children.
HAZ 12.03......................... Poisonous or potentially harmful
plants on the premises are
inaccessible to children.
HAZ 12.04......................... Children are protected from
accidental drowning by limiting
access to all bodies of water.
HAZ 12.05......................... Electrical outlets are covered in
all areas accessible to children,
including corridors.
HAZ 12.06......................... Toys and art supplies are made of
safe, non-toxic, durable, and
cleanable materials.
HAZ 12.07......................... There are no items that could cause
choking or strangulation.
Additional information is available
at: http://www.cpsc.gov/.
HAZ 12.08.a....................... Infants are placed on their backs
for sleeping to lower the risk of
SIDS.
HAZ 12.08.b....................... Staff make sure that soft surfaces
such as pillows, quilts, thick
blankets, and soft bumpers are not
used in the crib.
HAZ 12.09......................... The building has been inspected for
dangerous substances such as lead,
radon, formaldehyde, asbestos,
etc., in accordance with State
requirements.
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PAR 13--Parent Involvement (PAR)
------------------------------------------------------------------------
Standard
------------------------------------------------------------------------
PAR 13.01......................... Families are offered an orientation
and information prior to enrolling
to include: hours of operation,
enrollment policies, program costs,
inclusion of special needs
children, and opportunities for
parent involvement.
PAR 13.02......................... The program policy clearly includes
open door policy; family members
are welcome visitors in the program
at all times.
PAR 13.03......................... The program provides opportunities
for communication between parents
and staff verbally or in writing on
a daily basis.
------------------------------------------------------------------------
DEV 14--Developmentally Appropriate Environment and Materials (DEV)
------------------------------------------------------------------------
Standard
------------------------------------------------------------------------
DEV 14.01......................... Classrooms are arranged to
facilitate a variety of activities
for each age group and provide
areas where children can play and
work independently or with friends.
DEV 14.02......................... Classrooms are well lit, ventilated,
and kept at a comfortable
temperature.
DEV 14.03.a....................... Staff offer a variety of
developmentally appropriate
activities and materials for
children indoors and outdoors that
are respective of children's race,
gender, religion, family
background, culture, age, and
special needs and include:
Language and literacy.
Physical development.
Health, safety, and nutrition.
Creative expression.
[[Page 28429]]
Cognitive development.
Social and emotional development.
DEV 14.03.b....................... Weekly classroom schedules include
opportunities for alternating
periods of quiet and active play,
child-initiated and teacher-
initiated activity, and individual,
small group, and large group
activities. Schedules are available
for parents to review.
DEV 14.03.c....................... Programs provide an opportunity for
physical activity on a daily basis.
DEV 14.03.d....................... Screen time (e.g., non-active video
games) and the use of passive media
(e.g., television, audio tapes) are
limited and developmentally
appropriate.
------------------------------------------------------------------------
Dated: May 9, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2014-11105 Filed 5-15-14; 8:45 am]
BILLING CODE 5001-06-P